Abbreviatura Recessuum Capitularium Patrum Ordinis Divi Benedicti per Provinciam Moguntinam et Dioecesim Bambergensem

An Abridgment of the Chapter Decrees of the Fathers of the Order of St Benedict for the Province of Mainz and the Diocese of Bamberg

Johannes Trithemius

Abridgement of the chapter recesses of the fathers of the Order of Saint Benedict throughout the province of Mainz and the diocese of Bamberg

Nuremberg, 20 September 1493 Inc. c. a. 158

BSB-Ink T-442 - GW M47597

Inc. c. a. 158 8. N 84.3.

8º Inc. c. a. 158 Heretica Hain 20

Inc. c. a. 8º 158. 1493

Folio II

The Abridgement of the chapter recesses of the fathers of the Order of Saint Benedict throughout the province of Mainz and the diocese of Bamberg, held from the time of the Council of Constance down to the year of the Lord’s incarnation 1493, together with the manner of visiting monasteries of both sexes, and with a summary of the privileges of the aforesaid province, diocese, and order, begins happily.

The preface on the visitations of monks begins. Chapter 1.

“You shall visit your brothers, if they are acting rightly.” 1 Kings 17. In these words it is briefly indicated what sort of visitation of monasteries ought to be made. For the visitation itself ought to be charitable, not hateful: 10, question 3, Cauendum. And this is marked in the phrase “your brothers.” For the visitor, if he is to produce the worthy fruit of his visitation, must show himself brotherly and charitable toward those who are to be visited, and must know that he is the brother of those to be visited, not their lord; he should hate vices but love the brothers: distinction 86, Odio; 23, question 4, Duo; and in the Rule of the holy father Benedict, chapter 2, Qualis debeat esse abbas. For if the visitation is to be fruitful, it must be charitable, since charity is the proper gift of Catholic unity and peace: 1, question 1, Multae autem. And where there is no charity, there can be no justice: 24, question 1, Ubi. Therefore visitation must be made from charity, without hatred and cruelty: 10, question 3, Cauendum.

Second, visitation ought to be an examining visitation, namely concerning the life and morals of those to be visited: 10, question 1, Episcopum; Extra, De statu monachorum, Ea quae. And this is indicated in the word “you shall visit,” that is, “you shall examine.”

Third, visitation should be discreetly deliberative; and this is indicated when it says, “if they are acting rightly.” But these matters will be discussed in their proper places at a suitable time.

Therefore let visitation be such as was instituted by the holy fathers, and it will bring much fruit. For if it is properly carried out, it is the reform of the order, the preservation of discipline, the restoration of peace and concord, and the completion of all honor and beauty. It raises up what has collapsed, gathers what has been scattered, reforms what has been dissolved, restores what has been broken, brings back what wanders, puts together what has been torn apart, and duly preserves the things that are holy and just. It reforms unity and peace between head and members, abbot and brothers, and reconciles inferiors to superiors. If visitation is carried out zealously, charitably, and discreetly, it compels subjects to show the obedience owed to chapters. Let it cease, and the discipline of religion will quickly expire. Finally, if it is neglected, the provincial chapter will soon suffer contempt from its own sons. For it is visitation that preserves the obedience of the good and humbles the insolence of the contumacious. It makes delinquents fear, and embraces those who are making progress in the bosom of charity. Few are those who obey out of love; servile fear restrains many from evils. And blessed is the necessity that compels one toward better things. For as a bristle introduces the thread, so initial fear introduces charity: De poenitentia, distinction 2, section Haec quae, before the end. And woe is there where fear has perished from the earth: Micah 7; 16, question 7, Et haec diximus, after the middle.

Since, therefore, visitation has been instituted for this purpose, that through it gains of souls may be sought: 10, question 3, Cauendum, all visitors must carefully consider what is required of them. And lest they depart from the statutes of the ancients, they should always strive to imitate their forms and examples. Therefore, for the sake of this matter, the present formula for visitation, drawn from the constitutions of the fathers, has been brought together in the following manner, so that new visitors, seeing before their eyes the proper order of their office, may avoid various and dangerous errors.

Who Has Authority to Appoint Visitors of Monks

The presidents of our provincial chapter are to appoint visitors of monks, as in Extra, De statu monachorum, chapter In singulis, where it says as follows:

In the same chapter, let religious and circumspect persons also be appointed, who, in our stead, should be diligent in visiting each abbey of that kingdom or province, not only of monks but also of nuns, according to the form prescribed to them, etc. And in the constitutions of Benedict XII, chapter 2, it says as follows: Let them also provide which abbots, and how many and how often, ought to visit cathedral churches, monastic monasteries, and other places of the same order or religion up to the provincial chapter itself. Long-standing custom also, since it is not contrary to the constitutions, is to be held as law: distinction 11, In his. From this it is clear that the authority of the presidents has the right to appoint visitors; yet if at any time it should seem necessary and useful, they may employ the counsel of the chapter in choosing visitors.

What Sort of Persons the Visitors Ought to Be. Chapter 3.

Moreover, in order that the visitors may be able to visit others fruitfully, let religious men of the same order be chosen, having zeal for God and for souls according to knowledge, as in Extra, De statu monachorum, In singulis. And in the constitution of Benedict XII, chapter 3, it says: Let the visitors be suitable, solicitous, and discreet in carrying out the office of visitation; and let them observe all the things that are known to have been established in the aforesaid constitutions of the same council and in the other constitutions of the said Honorius, our predecessor. Thus there.

They must also be diligent: De statu monachorum, Attendentes; in Clementines, De censibus, chapter Romana, book 6. In the constitution of lord Nicholas of Cusa, cardinal legate, which begins Cum pridem, it says as follows: First of all, therefore, we will and, under attestation of the strict examination of the last judgment, enjoin upon you visitors, namely, that at all times, and especially during your visitation, in all conduct, life, morals, and discipline, you strive to conduct and bear yourselves so religiously, holily, and honorably that to the rest who are to be visited by you, you may provide the form of all perfection not so much by word as by example, proceeding during the time of visitation in fitting habit, with suitable household and horses, and and respectable, not superfluous; each of you should be content with a chaplain and a servant, and with three horses; a moderate meal should suffice for you, without murmuring. These are his words.

Moreover, they ought to be gentle, not cruel: 10, q. 3, Cavendum. For this office mature men should be chosen, and men experienced in many matters, not novices, masters before they have been disciples: 16, q. 1, Si clericatus; dist. 61, Miserum. Yet I do not mean by this that mature young men should not be preferred to dissolute old men, since men are deservedly called priests, that is, elders, by wisdom, not by age: dist. 84, Porro; provided that men gray-haired in character are appointed as visitors. What this gray hair is, Job 28 says: “Behold, the fear of the Lord, that is wisdom, and to depart from evil is understanding”: 26, q. 2, Qui sine. And prelates, because of their honor, are also called elders: dist. 21, Cleros post me.

Let the visitor be, through humility, a companion to the good; but toward the obstinate and those who despise discipline let him display the severity of his authority, because it is harmful to governance if prelates show excessive humility toward subjects: dist. 86, Quando. Yet this severity must be tempered with kindness: dist. 45, Disciplina, and c. Sunt. Therefore let him always appoint from among the fathers, if it can be done, the better men for this office, who know and are able to give counsel to individuals in their needs and cases, and who first do in their own communities what they attempt in those of others.

For thus our fathers said in chapter 5 of the sixth provincial chapter: “Visitors appointed by the sacred provincial chapter shall first and before all else visit and reform themselves and their own monasteries subject to them, lest, when they direct their eyes to the reform of others, the sick murmur and say, ‘Physician, heal yourself,’ Luke 4. Therefore let them begin first with themselves; then let them visit and reform the other monasteries committed to them, of both monks and nuns, with all the diligence they can.” To this pertains De censibus, Romana, book 6; and 3, q. 7, Iudicet, and the two following chapters; dist. 25, Primum; dist. 61, In sacerdotibus; dist. 83, Nemo recte.

No one rightly assumes the role of an admonisher unless he condemns errors by his own deeds and demonstrates love of innocence by his conduct. These are his words. Therefore let the visitors take care first to visit themselves, and so proceed to the correction of others. For it is written, Job 5: “Visiting your own appearance, you will not sin.” For he who neglects himself cannot amend another, as the Lord says in Luke 6: “If the blind lead the blind, both fall into the pit.”

III

Lastly, that visitors should have zeal for God and for souls. Chapter 4.

Finally, the visitors themselves must be zealous, in accordance with knowledge, for the salvation of those to be visited, so that they do not carry out their office negligently and merely in passing, lest, with the lazy servant, they be judged useless by the sentence of damnation. And let them have zeal for regular discipline and for the constitutions of the fathers, knowing without doubt that they will be abundantly rewarded for their labors by the giver of all good things. Let them carry out the office of visitation committed to them as if the care of all whom they visit belonged to them alone.

Yet their zeal should be discreet, lest, God forbid, if they correct sinners indiscreetly, they themselves incur a graver fault: 24, q. 3, Non imperpetuum. And where they find anything worthy of correction, let them correct it not from love of vengeance nor from hatred, but from zeal for justice: 23, q. 4, § last. And the just and holy are indignant against sinners not with hatred but with zeal for discipline: dist. 45, Vera iusticia. Nor should they be remiss where fault has deserved discipline, because if they let the faults of offenders go unpunished, they sin gravely: 11, q. 3, Si is; 23, q. 5, Qui viciis. And a prelate who does not correct crimes is called not a prelate but a shameless dog: dist. 83, Nemo. He bears the guilt of the doer who, when he is able to correct, neglects to amend: dist. 86, Culpam; dist. 83, Error. And not to correct the wicked but to foster them is to kill them: 23, q. 5, Qui viciis; dist. 45, Sed illud. And it is not charity but sickness if evil morals are not corrected: 23, q. 5, Non putes. Yet correction itself

and with admonitors; let no one assume the role unless by his actions he condemns errors and shows love of innocence in his conduct. Thus there. Therefore let visitors strive first to visit themselves, and so proceed to the correction of others. For it is written in Job 5: “Visiting your appearance, you will not sin.” For he who neglects himself cannot amend another, as the Lord says in Luke 6: “If the blind lead the blind, both fall into the pit.”

That visitors should have zeal for God and souls. Chapter 4.

Finally, the visitors themselves ought to be zealous, according to knowledge, for the salvation of those to be visited, so that they do not carry out their office negligently and perfunctorily, lest they be judged useless under the sentence of condemnation with the lazy servant. And let them have zeal for regular discipline and for the constitutions of the fathers, knowing that without doubt they will be abundantly rewarded for their labors by the giver of all good things. Let them perform the office of visitation entrusted to them as if the care of all whom they visit belonged to them alone. Yet their zeal itself should be discreet, lest, which God forbid, if they correct offenders indiscreetly, they themselves incur a graver fault. 24, q. 3, Non impetu. And where they find anything worthy of correction, let them correct it not from love of vengeance nor from hatred, but from zeal for justice. 23, q. 4, § last. And the just and holy are indeed indignant at sinners not from hatred, but from zeal for discipline. 45, dist., Vera iusticia. Nor should they be lax where a fault has deserved discipline, because if they let the faults of delinquents go unpunished, they sin gravely. 11, q. 3, Si is; 23, q. 5, Qui vices. And a prelate who does not correct crimes is called not a prelate but a shameless dog. 83, dist., Nemo. He who neglects to amend when he is able to correct has the guilt of the doer. 86, dist., Culpam; 83, dist., Error. And not to correct the wicked but to foster them is to kill them. 23, q. 5, Qui vices; 45, dist., Sed illud. And it is not charity but languor if evil habits are not corrected. 23, q. 5, Non putes. And yet correction itself must not be indiscreet, but, as blessed Gregory says in the Moralia, one judging justly, holding a balance in his hand, should carry justice and mercy in each scale. 45, dist., Omnis. For excessive harshness in rebuking receives neither correction nor salvation. Ibid., Cum beatus; and c. Disciplina. Therefore let zeal not be judged indiscreet, but let it be tempered with mercy and gentleness.

That visitors should be discreet in inquiries. Chapter 5.

Those who are appointed as visitors should also be wisely discreet, imbued with the divine Scriptures, and experienced in this sort of business either in themselves or in others, so that they may not rashly believe things not to be believed, or shamelessly conceal things that ought to be believed. For both are evil. For he who believes quickly is light of heart. Ecclesiasticus 19. And we ought not quickly believe evil things about others. 86, dist., Si quid. And evil things about one’s neighbor must first be proved before they are believed. 2, q. 1, Deus; and 3, q. 8, Iudicet; 11, q. 3, In cunctis and c. Quamvis. For it is written in Ecclesiasticus 19: “Do not believe every word.” 11, q. 3, Non solum per quod. Yet to be willing to believe no one belongs to a shameless man. And indeed the innocent always believes well and judges well of others. Proverbs 14; 22, q. 4, Innocens. Therefore let visitors be discreet and prudent, so that, considering the zeal, life, and merit of those making depositions, they may be able to know whom they ought to believe. For witnesses are to be weighed according to trustworthiness, dignity, and seriousness of conduct. 4, q. 3, § Item in testibus, and throughout there. Therefore, as far as can be done, visitors ought diligently to examine the intentions, motives, and causes of those making depositions, lest perhaps they are moved by no just reason. Finally, our fathers established the following on this matter: Visitors should be especially zealous for religion, mature in morals and discreet, and also very solicitous and circumspect in carrying out the act of their visitation. And a little later it is added: But visitors should not readily believe every spirit, 1 John 4, nor condemn anyone on suspicion alone or on the deposition of one witness. Manifest matters, however, do not require accusation. 2, q. 1, Qualetarius, § In manifestis, and the following c. I judge him not a lover of charity but fraudulent who reveals the hidden crime of a brother for the sake of defamation or revenge. 5, q. 5, Qui ambulat; 6, q. 1, Summa. “Crime” can be understood not only as mortal offense, but also as every venial one. 25, dist., Unum orarium, § Nunc autem. In serious matters, however, and those concerning reputation, diligent inquiry should be made; but before just proof, except in manifest cases, let no one be judged or condemned. 30, q. 5, Nullum ante veram, and the following c. And in such matters two or three testimonies must be brought forward. 2, q. 5, c. 1 and c. Placuit. Therefore visitors should be cautious in judging such secret matters, to avoid scandal, unless the person has been convicted or has confessed freely. 2, q. 1, Nos vero quemquam, and the following c., Nomen presbyteri, and the following c. For if the accuser fails in proof, he ought to be punished with the penalty of retaliation. Extra, De calumniatoribus, c. 1; 2, q. 3, Calumniator, and the following c.; q. 8, Qui crimen; 3, q. 10, Eos and the following c. It must also be guarded against that matters which have been corrected and punished should be brought up again. Extra, De accusationibus, c. De his; and 2, q. 1, Prohibentur; 23, q. 4, Si illic. Thus also the holy fathers established: Let each one beware that he not disturb the minds of the brothers or of their fathers with beginnings. Moreover, if any secrets have been revealed to the visitors themselves, let them beware of bringing them into public. 2, q. 1, Si peccaverit; 6, q. 2, Episcopus si clerico, c. Placuit. And concerning hidden matters one must not inquire too curiously. Extra, De accusationibus, Qualiter iii. Yet concerning manifest matters, as I said above, the clamor of an accuser is not necessary. Same title, c. Evidentia. If they perceive that some matters have not been properly proposed, let them act as prudent men, and, insofar as it can be done while preserving the truth,

They should not readily believe, even if belief is required; yet those things whose intention is unknown should be interpreted in the better sense, since we ought to presume good rather than evil. De regulis iuris, c. Esto te. And in such matters the intention of the one giving testimony is to be weighed rather than the words. For if someone sets forth true things from an evil intention, the intention makes the good act evil. 23, q. 5, Cum minister.

Let the visitors be cautious, and especially discreet, in examining the excesses of prelates, who, since they have to correct the sins of others, frequently incur the hatred of many and suffer plots. Extra, De accusationibus, c. Qualiter, II. In all things let them always act so that they do not lose the form of charity. For correction must be made according to each person’s rank and with the peace of the Church preserved. 23, q. 4, Ecce, and c. Quisquis, c. Quidam, c. Cum quisque, c. Ipsa pietas, c. Quid faciet circa me.

Likewise, correction must be made with the intention of healing, not of raging. 86 dist., Odio; 23, q. 4, Ita plane circa me. And not from hatred but from charity. Extra, De accusationibus, c. Qualiter, II; 24, q. 3, Corripiantur. And sometimes it should have more gentleness than severity. 45 dist., Qui sincera, and c. Licet, because one gently chastised shows reverence for the one who chastises. c. Cum beatus Paulus; 12, q. 2, Fraternitas; 24, q. 3, Corripiantur.

These and other testimonies of discretion, the mother of virtues, the visitors ought not to omit, so that they may proceed worthily and justly.

The Form of the Oath Which Visitors Once Used to Present to the Presidents. Chapter 6.

Formerly the presidents, not only in Mainz but also in other provinces, used to require from the visitors an oath concerning the diligent fulfillment of their office. In our times, however, this is not done, nor do I judge it useful or necessary, because a man whom the spur of his own conscience does not drive to act diligently is scarcely, or only rarely, compelled by another’s command. Yet I wished to insert here the form of the oath, so that when the oath is read, what is to be done may be considered.

The form of such an oath, which I found in old books, follows thus:

I, Brother N., abbot of such-and-such monastery, appointed as visitor of the diocese of N. with respect to the monasteries of our order by the reverend fathers in Christ, the lord presidents of the provincial chapter recently celebrated in the monastery of N., swear by these holy Gospels of God that I will carry out the office of visitation entrusted to me faithfully and diligently, according to my powers, in accordance with the Rule of Saint Benedict and the decrees of the holy fathers, setting aside love, hatred, favor, and every other disordered affection. So help me God and these holy Gospels. Those absent used to give this oath; those present, however, swore in chapter before the lord presidents. But neither now seems necessary.

On the Power and Authority of Visitors. Chapter 7.

They have it from the apostolic see, as in Extra, De statu monachorum, c. In singulis, where it is said: “Let religious and circumspect persons also be appointed in the same chapter, who, according to the form prescribed for them, shall take care to visit, in our stead, the several abbeys of that kingdom or province, not only of monks but also of nuns.” “In our stead,” it says, so that, when the visitor’s authority is considered, none of those to be visited may dare to rebel. Their authority is more fully noted by the Abbot on the same chapter and the final chapter of De statu monachorum.

Yet their power is limited, as in the same c. In singulis, because they cannot depose the rector of a place from his office without a special mandate. Therefore, if they see that he must be removed altogether, let them report this to his own bishop, so that he may see to removing him; but if he does not do so, let the visitors refer this to the judgment of the apostolic see. Those exempt, however, are to be reported directly to the lord pope. The visitors should also have monks corrected by the abbot of the place, as in the same title, c. Ea quae. But those whom they find contumacious and rebellious, according to the measure of the fault, let them strike with regular censure in the place of the lord pope, without [unclear].

without distinction of persons, not sparing rebels because of their obstinacy or the power of their friends, but rather casting the diseased sheep out of the fold, lest it infect the healthy sheep. Nor is there to be an appeal from correction: De officio ordinarii, c. Licet; and De appellatione, Ad nostram; and c. Reprehensibilis, and c. Cum speciali. Understand this unless the one correcting has exceeded due measure. 23, q. 4, Qui peccat.

Visitors, therefore, according to the decree of Honorius III, in c. Ea quae, if they find monks delinquent, should command the abbots of the places to correct them, as is said in the aforesaid constitution in these words: But if abbots are found negligent in making corrections according to the visitors' command and the regular statutes, either in themselves or in their monks, let them be proclaimed and rebuked, and let them be punished publicly in the general chapter, so that their punishment may be an example to others. And note according to what is said there: visitation of this kind ought to be carried out plainly and without the noise of judicial proceedings, De accusationibus, Olim; because regulars are readily removed from their administrations, De simonia, c. Per tuas; and therefore judicial order is not always to be observed in inquisitions of this kind concerning regulars, De accusationibus, c. Qualiter, II, and there at the end. And visitors should diligently inquire into the condition of monasteries and regular observances, and should correct and reform, both in spiritual and in temporal matters, what they see should be corrected.

But it is asked whether the bishop of the place can visit the monasteries of his diocese. The answer is that he can, as in c. In singulis, § Porro. He can visit them, but he ought not bring secular persons in with him, as Hostiensis notes on the same title in the gloss. For the visitation which the visitors carry out does not remove the bishop's jurisdiction, as is noted in the same c. In singulis. Custom, however, holds otherwise, because bishops also quite often commit their own duties to abbots.

Likewise, concerning the authority of visitors, the fathers in provincial chapters also established many things. Hence c. 1 says: Visitors can make statutes imposing penalties more severe than those appointed in the constitution, Ne in agro, against disorderly monks or those forgetful of their profession, etc. Likewise c. 6, § Decretum, says thus: Where they do not find disciplines effective for reform, let them institute new ceremonies according to the canonical sanctions and the statutes of the provincial chapter, which those visited are bound to observe without any contradiction. If it seems necessary to the visitors, they can bind those to be visited by a bodily oath to tell the truth, as in the constitution of Lord Nicholas, Chuf. le., c. 3; and these matters must be discussed in their proper place. In c. 15 all those to be visited are commanded to receive their visitors with all reverence and humility and to treat them charitably, and diligently to heed and observe their admonitions and ordinances. The visitors themselves also have authority to impose penalties greater than those expressly set out in the constitutions, and to compel rebels, by ecclesiastical censure, to obey their commands.

But many impediments sometimes occur in connection with visitations of monasteries. For sometimes the monks themselves and abbots maliciously impede them by themselves; sometimes through the ordinary bishops; sometimes through princes; and frequently through their relatives, friends, and supporters. What should be done in these cases, if they occur, I shall try to show from the statutes of the fathers. In c. 15, which was celebrated second at Seligenstadt, we read the statute:

Lest so salutary an office of visitation be impeded by any contrived device or pretext, we decree that all and individual abbots, provosts, priors, and their professed monks who refuse or contradict their visitors, and those rebels and disobedient persons themselves, and those who impede the office of visitation by nod, word, deed, or writing, or who cause, order, procure, or by any device arrange that it be impeded by their friends, noble or ignoble, or by any persons subordinate to them, whether by themselves or through another or others, directly or indirectly, or who attempt [unclear]

...attempting to prevent their visitors from being able to exercise this office of theirs freely and peacefully: we will that they incur the sentence of excommunication by the very fact; and the visitors themselves are bound to publish that same sentence of excommunication against them and duly commit it to execution.

But if the visitors cannot carry out the foregoing, in chapter 21, celebrated fourth at Nuremberg, it was thus established: that the visitors themselves should denounce the disobedient and contumacious persons to one of the nearer presidents, who should proceed against them with appropriate legal remedies by apostolic authority. And in chapter 23 what follows was established: We also strictly forbid anyone henceforth, by himself or through others, in any way to arrange with diocesan bishops, princes, or any other temporal lords whatsoever, that the visitors should not be admitted; nor may he claim in any way that the visitors themselves are not to be admitted without the permission of the local ordinaries, since, being directed by apostolic authority, they do not need it, under penalty of thirty Rhenish florins, to be paid irrecoverably to the chapter as often as any abbot or any of the other rectors shall have acted to the contrary.

But this penalty seems to be one to be imposed on the rectors of monasteries, without removing the foregoing provision that they are to be compelled to obedience by ecclesiastical censure.

If a bishop wishes to conduct visitation with us. Chapter 9.

It is sometimes customary for it to happen that the ordinary bishops of places wish to visit monasteries with us; whether they are to be admitted in this way or not is often doubted. To resolve this scruple, one must consider that the impulse of bishops to visit monasteries with the visitors of the order has two reasons from which it arises. Either they do this from zeal for discipline, or from a contrivance of malice. If for the first reason, if their zeal is known and there is so great a necessity of visiting the monastery, they can be admitted; but only in their own person, because laymen should by no means be present at a visitation unless it is very necessary.

...can visit even if the bishops have not been negligent.

How visitors are to be received and treated; on the time for visiting monasteries, to be fixed by the presidents. Chapter 11.

The time is to be fixed for the visitors by the presidents themselves, as is said in Constitution 12 of Benedict, chapter 2. Nevertheless, we find it prescribed in the more ancient statutes of the fathers that, within a year from the time of the chapter that has been celebrated, they are to fulfill the office of the visitation committed to them. It belongs to bishops, however, to visit every year: 10, question 1, Relata, and chapter Decrevimus. Concerning the time of visitation, in chapter 7, celebrated at Bamberg, it was enacted as follows: “Let the visitors faithfully complete within a year the office of visitation enjoined upon them.” Thus there.

And how often ought visitation to be made? It seems that every year, as in Extra, De statu monachorum, Attendentes, in the Clementines. On this Franciscus de Zabarella frames the following question: “I ask,” he says, “concerning the point where it says that visitation is to be made every year: is it enough that it be made at the end of the first year and at the beginning of the second?” The gloss on whether that is enough refers to the note on the same title, chapter In singulis, where it is concluded that it is not, because in that way, in the case of chapter In singulis, it could be deferred up to six years, to the prejudice of the monastery, and it would not satisfy the law requiring that it be done from three years to three years. Stephen says the same, because visitation is made for correcting offenses already committed, not for offenses yet to be committed. Therefore, if the first was sufficient, the second will have nothing to correct. Paul says the same, because if this were done at the end of the first year and at the beginning of the second, there would not be one year between the first and the second, but two years. Hence it seems that they ought to stand at equal intervals, by the argument from De consanguinitate, Quod dilectio, as Paul thinks. This is precisely true with respect to chapter In singulis, because the text there says “from three years to three years.” Thus Franciscus de Zabarella on the said chapter.

From these things it seems one must say that the visitation ought to correspond to the chapter, so that as often as the chapter is celebrated, so often too the visitation is celebrated. We also have this in custom, that we regularly visit from three years to three years. This, however, chapter Attendentes, seems to concern only nuns, whom bishops are no less ordered to visit.

Can a visitation be repeated? The answer is yes, if there is a reasonable cause. On this matter, in chapter 17, celebrated at Nuremberg for the third time, the fathers decreed as follows: “We enact that after the visitors have once visited some monastery and received procuration from the same, if they judge, for the richer discipline of regular observance, that it is expedient, they may exercise the office of visitation again, as often as it seems useful to them, by authority of the chapter. They are also to be received as true visitors, yet without exaction of procuration.” Franciscus de Zabarella says the same in the said chapter Attendentes, question 10: that visitation is to be made as often as there is need. From all these things I conclude that the visitation must be completed in the first year from the time of the chapter that has been celebrated, and afterward may be repeated as often as there is need, but that procuration should not be received except within a three-year period.

How visitors are to be received and treated in monasteries. Chapter 12.

When, therefore, they come to some monastery for the sake of visitation, let them be received as visitors and be led to prayer; if they are not neighbors and often received, let their feet be washed, and let them be treated with charity. In conventual places, let the abbot of the house yield place and acknowledge them; let him not take it ill if he has others set over him: 2, question 6, Qui scit. Yet the abbot himself, in his usual manner, is to give the blessing everywhere, not the visitors. For this has been enacted in several chapters: that visitors are to be received with honor and reverence, and treated in all things with charity, as is fitting.

With how many horses visitors ought to come. Chapter 13.

In the first two chapters it was enacted that none of the visitors should bring with him more than twelve mounts...

would dare to bring them, under the penalty contained in the same statutes; therefore at that time the visitors, and also those coming to the chapter, were permitted to bring twelve mounts with them. Then, in the third chapter, which was celebrated at Fulda, it was enacted that no visitor should bring more than six mounts with him. But Nicholas of Cusa, cardinal legate, in his form of visitation, which he handed over to the visitors, orders that each visitor should be content with a chaplain and a servant, with three horses. Nevertheless, in the same constitutions of lord Nicholas, cardinal, he commands the visitors themselves to conduct themselves properly and to have respectable servants, so that they may not be burdensome to those visited. In chapter 15, celebrated second at Seligenstadt, it stands thus: Let the visitors themselves also have an honorable household and retinue, and let each of them be content with a number of four, unless a reasonable cause demands more.

How long visitors should remain in one monastery. Chapter 14.

Therefore, lest visitors become burdensome in expenses to those whom they visit, they should take care to dispatch their business as quickly as they can; and, as the fathers have enacted, they should not stay more than three or four days in one place visited by them, unless there is evident necessity. But if such matters should occur as demand delays of a longer time, they should take care to dispatch their business in such a way that they prove in all things that they seek not themselves, but God and the peace of those visited. Let the visitors also advise their servants to conduct themselves honorably and without murmuring in all things.

Those visited are bound diligently to guard the property and horses of the visitors. Chapter 15.

Since frauds and deceits are sometimes accustomed to occur against the visitors themselves among those especially who hate the one correcting them, with malicious subordinates or wicked persons plotting at the gate, lest the malicious should gain advantage from their own dishonesty, the fathers, in chapter 5, celebrated first at Wurzburg, established as follows. This sacred chapter has decreed and enacted that when visitors come to some monastery for the sake of visitation, the abbot and convent of that monastery shall have the horses and property of the visitors guarded with the greatest diligence. But if anything from their goods or property should happen to be lost or taken away, before all else the abbot and convent of that monastery shall without any contradiction pay the value of the lost goods or property to those visitors without delay. And nevertheless such negligence shall be punished in chapter at the judgment of the presidents. This was also often enacted afterward in other chapters.

On the penalty for visitors negligent in visiting at the proper time. Chapter 16.

Since the increase of holy religion and regular observance arises in no small measure from frequent and diligently conducted visitations, lest so salutary an institution of the fathers be destroyed by the sluggishness of negligent visitors, since where the governance of discipline is despised, it remains that religion suffers shipwreck, as in De statu monachorum, Attendentes, in the Clementines, the fathers in nearly all chapters celebrated up to now have imposed penalties on visitors if they neglected their office. And first, in the constitution of Benedict XII, chapter 3, on visitors, it is said as follows: But if those visitors neglect to execute their office, we will that by the very fact they incur the penalties incurred by those who do not come to the provincial chapter without having a canonical impediment. And in chapters 4 and 5 and certain others it was enacted as follows: This sacred chapter has further decreed that those deputed to visit, if they neglect the time appointed for them, namely within the year, shall pay the penalty like those who neglect to come to chapter, namely thirty Rhenish florins, with moderation and just assessment reserved to the judgment of the presidents in the provincial chapter. And in chapter 19, celebrated second at Bamberg, it was enacted that all visitors who their visitations [unclear]

as it has been enjoined upon them, they shall be bound, as a penalty, to pay three florins to the chapter for each monastery not visited, especially in the case of monasteries of men, unless they have a legitimate cause excusing them. The same was likewise laid down in chapter 20 and in chapter 21. Besides these things, however, the presidents, whenever it seems necessary to them, may also impose other penalties. Concerning these matters also the constitution of Honorius III, Extra, De statu monachorum, chapter Eaque, speaks thus: “Let the succeeding visitors diligently investigate the traces of the previous visitors, and let them report their negligences and excesses to the following general chapter, so that, according to their fault, they may publicly receive the penalty due.”

If it should happen that the visitors are robbed on the way while carrying out their office. Chapter 17.

Finally, if, which God forbid, visitors of this kind, while going to fulfill their office, should happen to be robbed on the way or suffer loss, the provincial chapter shall make satisfaction for such loss as is fitting, as was laid down in the fifth chapter held at Würzburg.

When the visitors first come to some monastery to be visited, how they are to begin. Chapter 18.

Therefore, when the visitors have come to visit some monastery, if it can be done, on that same evening they should summon the abbot and the convent, the monks and professed conversi, to the chapter room; or on the following morning, at the hour they have determined to be suitable. When these have assembled, they themselves should also enter. And when all have taken their seats, one of the visitors should say, “Bless.” When they answer, “The Lord,” he should add these or similar words:

“Venerable father and beloved religious brothers in Christ: if you have read the recess of the last chapter held at N., you have certainly understood that we, though insufficient, have been appointed as visitors for you. But if you have not read the recess, nevertheless we are prepared to fulfill the office enjoined upon us.

Therefore we have come for this reason: that, obedient to the precepts of the chapter according to our ability, we may visit you.

“And we do not doubt that you know that, in the order of visitation, three things are principally to be done. First, the visitors themselves must present themselves to those to be visited in the chapter room, make known their authority to visit, and first offer prayer according to the custom of the order, and an exhortation according to the character of the time and of the persons: De statu monachorum, Attendentes, in the Clementines, and in the constitution of the provincial chapter, and in the constitution Nimis carum.

“Second, there must be a diligent examination of those to be visited, and an inquiry into the conduct and state of both parties: 10, q. 1, Episcopum, and q. 3, Cavendum; De statu monachorum, chapter Eaque.

“Third, there must be a final conclusion and the due correction of the guilty: chapter In singulis.

“Therefore, since even in the smallest matters divine help must always be implored, as blessed Dionysius says in the fourth chapter of On the Divine Names, and since in spiritual matters especially one must begin from prayer, it is fitting that we too observe the commands of such teaching, and not pass over the praiseworthy custom of the order. Let us therefore pray.”

And, rising, let them read alternately the psalm Ad te levavi oculos meos:

“To you I have lifted up my eyes, you who dwell in the heavens. Behold, as the eyes of servants are on the hands of their masters, as the eyes of a maidservant are on the hands of her mistress, so are our eyes on the Lord our God, until he have mercy on us. Have mercy on us, O Lord, have mercy on us, for we are greatly filled with contempt. For our soul is greatly filled: a reproach to the prosperous and contempt to the proud. Glory be to the Father. As it was. Kyrie eleison. Christe eleison. Kyrie eleison. Our Father.”

According to the season, let them kneel. One of the visitors says:

“And lead us not into temptation. Save your servants. Send them help, O Lord, from the holy place. Be to us, O Lord, a tower of strength. O Lord God of hosts, convert us. O Lord, hear my prayer. The Lord be with you. And with your spirit.”

[unclear] of heavenly help, that they may seek you with their whole heart, and and may deserve to obtain what they worthily ask.

Direct our actions, we ask, O Lord, by your inspiration, and further them by your help, so that every work of ours may always begin from you and, once begun, may be completed through you.

O God, who taught the hearts of the faithful by the illumination of the Holy Spirit, grant us, in that same Spirit, to discern what is right and always to rejoice in his consolation. Through Christ our Lord.

After this, the visitor is to give an exhortation. Chapter 19.

Note that the visitation ought not to begin with examination or correction, but with exhortation, as in De statu monachorum, Attendentes, in the Clementines, and as Francis Zabarella also notes on the same chapter, 18, question 2, Visitandi, and chapter Semel. This is also contained in the statutes of the chapter in this form: Then one of the visitors shall give to those being visited an exhortatory address on discipline, on fraternal charity, on peace, on spiritual progress, on perseverance, and on the other virtues, according to the requirements of the persons or of the time.

How necessary depositions are to be made. Chapter 20.

When the exhortation has been completed, the visitor shall then instruct those being visited how and in what manner they ought to conduct themselves in their depositions; and he shall say in order as follows:

Beloved brothers, although you who have often been visited are not ignorant of the form of the visitation itself, nevertheless, for the sake of those who have more rarely been present at a visitation, I shall briefly set forth the method and form in which you ought to conduct yourselves in your depositions. First, we exhort you, all and singly, that, just as visitation was established for this purpose, that vices may be rooted out and virtues introduced, so each person should direct his intention in making proclamations to its proper end. Likewise, each person should make deposition out of charity, if he has seen anything that necessarily must be corrected, and not out of hatred, which God forbid, nor out of aversion, for this would be a grave sin. Likewise, each person should strive to observe due and honorable measure in depositions of this kind. Likewise, no one should bring up again matters that have worthily been punished. Likewise, no one, making much of those small matters that are corrected daily, should depose them as though they had been reserved for us to cause greater confusion, unless they were such that they seemed worthy of correction. Likewise, each of you should keep before his eyes zeal for God and for souls, and should conceal none of those matters that ought to be brought to light.

And when instruction has been given in this way, a place suitable for examination shall be assigned to them; the brothers shall approach it in order, beginning with the prior down to the last one established in holy orders.

On whether an oath should or should not be required from those being visited. Chapter 21.

But it is rightly asked whether those being visited should be bound by oath to speak and to answer the truth concerning the questions put to them. On this point it should be known that, as I have found in the old statutes, including those of other provinces of the order, where it seemed necessary an oath was required from those being visited. This still seems to me quite reasonable, especially if the monks have conspired, or made an agreement, or maliciously concealed the truth. And I judge that this statute, which I approve, should be strengthened.

Nicholas of Cusa, cardinal legate, writes among other things as follows to the visitors of the province of Mainz and the diocese of Bamberg: But because among many people words of exhortation have little effect unless a coercive penal censure is also added, therefore in the monasteries or places that you visit at that time, after the act of salutary exhortation, and after receiving from all a bodily oath to speak the truth in their examination, you shall proceed according to the tenor of the commission delivered to you in other letters.

Likewise, I have found the contrary in the statutes of the chapter. For in the sixth chapter, held at Erfurt, the statute is read as follows: It also pleased the fathers that, without requiring an oath, after the word of God has first been set forth, the visitors themselves should complete their act. This same thing, in the following chapter held at Bamberg,

...it was established. Likewise also in certain other chapters. What then? If he requires an oath contrary to the statutes of the fathers, he commits a fault of disobedience; if it is not to be required, why did the legate of the apostolic see, a cardinal and distinguished doctor, order it to be required? Can it both be required and not required? Clearly, I think so. Where it is necessary and useful, it can be required; nevertheless it ought not to be required lightly. And let him have at hand the form of such an oath, as I have also found in the older institutions of the fathers and have taken care to insert here, so that if it should be necessary there may be no need for a long inquiry.

The form of the oath and the manner of swearing, with the hand placed upon the text of the Gospel, beginning here:

O Brother M., I swear by these holy Gospels of God that concerning all matters about which I shall be questioned by you, or by any one of you, generally or specially, I wish to tell the truth; and also that all things which I know to require reform, and which are necessary for the full reform of this monastery, according to my knowledge, I will faithfully disclose to you. So help me God and these holy Gospels of God.

While saying this he shall place his hands upon the Gospel according to Luke.

At that time, while Jesus was speaking to the crowds, a certain woman, lifting up her voice, said to him: Blessed is the womb that bore you, and the breasts that nursed you. But he said: Rather, blessed are those who hear the word of God and keep it. Amen.

Of examination. Chapter 23.

When the visitors are prepared for the examination and inquiry and are seated in the place assigned, let them exercise great diligence in inquiries of this kind, asking into each necessary matter. And if anything worthy of correction has been disclosed, let it be marked down on a schedule by one of the visitors; let him also guard it carefully, lest it ever come into anyone else's hands. And concerning conspiracies, pacts, and oaths

let them inquire first, lest perhaps the abbot has presumed upon any such thing against the visitation. And if they find any, let them annul them, as in Extra, De accusationibus, chapter Olim.

Concerning general matters, the following, or at least some of them, can be asked.

First, let them ask about general matters as it seems good to them.

Whether the abbot has extorted an oath from the monks about keeping the truth silent, or has otherwise forbidden them to report anything.

Item, whether all are professed, and how.

Item, whether any have been received simoniacally. And if so, what has been done with the simoniacal goods.

Item, whether they observe true obedience to the abbot and to their superiors according to the Rule of Saint Benedict.

Item, whether any or all of them are proprietors.

Item, whether any are fornicators, and who.

Item, whether they are chaste, as befits religious.

Item, whether the healthy eat meat; whether all do, or some; where, when, and how often.

Item, whether they keep silence in the four prohibited places, and whether they do the same during the night hours or not.

Item, whether they observe the fasts of the Church and of the Rule, as they are bound to do.

Item, whether there is always reading at table for those who are eating.

Item, whether all eat together in one refectory.

Item, whether all sleep together in one place, and whether they are regularly clothed and girded.

Item, whether they use garments or bed-linens made of linen.

Item, whether they sleep on feather beds or mats.

Item, concerning habit and tonsure, they can be inspected and questioned.

Item, whether they continually wear the monastic habit.

Item, whether they go about outside the enclosure of the monastery without the permission of their superiors.

Likewise, let inquiry be made about the state of the temporal goods, what it is like and how each item is spent.

These and similar matters may be inquired into generally, as it shall seem expedient to the discreet visitors.

Inquiries concerning the divine office should also be made thus, or in a similar way.

First, at what time do they rise for Matins?

Likewise, whether they sing Matins and all the other Hours, or only some of them?

Likewise, at what time do they rise for Prime?

Likewise, at what time do they perform the other Hours?

Likewise, whether they discharge the Hours deliberately and religiously, as is fitting?

Likewise, how often the chapter of faults is held in the week?

Likewise, how faults are examined there?

Likewise, whether all diligently attend the work of God?

Likewise, whether the sacred vestments, the ecclesiastical ornaments, the books, chalices, and other things are handled cleanly?

Likewise, how many Masses are celebrated daily?

Likewise, whether they sing the high Mass every day?

Likewise, how often the brothers celebrate in the week?

Likewise, whether they always confess before Mass?

Likewise, whether the Rule is read to them and expounded according to the statutes of the fathers?

And many other things in this manner.

Questions concerning abbots, provosts, or priors, if they are the supreme rulers of monasteries. Greater diligence must be applied in inquiring about abbots and their way of life, since by their merit the condition of monasteries is often led in either direction. Many things indeed occur for inquiry, but, with a few of the greater matters indicated, let the visitors themselves investigate the rest.

First, therefore, let inquiry be made whether he has zeal for God and for souls, as befits a pastor?

Likewise, whether he diligently visits the choir, the divine services, and the conventual places?

Likewise, whether he presides in person over the chapter of faults, and how often?

Likewise, whether he corrects offenders without respect of persons?

Likewise, whether he shows himself to the brothers as exemplary and imitable in all good things?

Likewise, whether he often wanders outside the monastery without reasonable cause?

Likewise, whether he takes excessive riding retinues with him?

Likewise, whether he has associates who are suspect or harmful to the monastery?

Likewise, whether he has any suspect familiarities with women?

Likewise, whether he has been in any way marked by a charge of incontinence?

Likewise, whether he admits women into the monastery, and what kind?

Likewise, whether he diligently preserves the temporal goods?

Likewise, whether he is too intent on cares for temporal affairs?

Likewise, whether he provides the brothers with necessities according to the Rule?

Likewise, whether he burdens the monastery with debts?

Likewise, whether he alienates the immovable goods of the monastery?

Likewise, whether he uses the counsel of the convent in matters to be done according to the Rule, or not?

Likewise, if he has monasteries subject to him, whether he visits them?

Likewise, whether he has had the recesses of the chapter published in the convent?

Likewise, whether he has observed the charter of the most recent visitation?

Likewise, whether he duly observes the Rule in all things, as is fitting?

And many things similar to these may be inquired into according as there is need; to express them all here would be tedious.

Likewise, questions concerning the other officials and brothers.

As for the other officials, the questions must be formed according to need, namely:

Whether there is a prior; who he is, what kind of man, and of what importance?

Likewise, whether he is continually in the convent?

Likewise, whether he is for the convent in providing necessities?

Likewise, whether he is zealous for discipline according to the statutes of the fathers?

Likewise, whether he gives the brothers an example of good conduct?

Likewise, whether he corrects offenders according to the Rule?

Likewise, whether he diligently causes the other regular statutes to be observed?

Likewise, whether he is diligent in the office entrusted to him?

Concerning the cellarer: who he is and what kind of man?

Whether he diligently fulfills his office?

Whether he duly visits the divine services and conventual duties when he is otherwise free?

Whether he diligently disposes necessities for the brothers according to the Rule?

Whether he is humble, good, and exemplary before outsiders?

How often he renders an accounting to the abbots for receipts and expenditures?

Likewise, whether he reverently obeys the abbot's commands in all things?

Likewise, whether he is wasteful and a squanderer of the monastery's goods?

Whether he is too anxious about temporal affairs?

Likewise, whether he diligently observes the Rule in fasts, vigils, and so forth?

As for the other brothers, the visitors shall inquire according to what seems opportune to them: concerning mutual charity, peace, obedience, continence, private property, and so forth.

Where, however, the abbot is diligent in correcting, less inquiry will be made about the simple brothers.

Lastly, after all have been examined, let the abbot himself also be examined, in case perhaps he wishes to say anything. And the greater articles concerning which the brothers have made depositions should be put before him; let him be advised seriously to amend. But if there is something of such a kind that it ought not to pass without correction, and he denies it, the testimonies of those making deposition must be examined more carefully, until the truth appears more clearly. Nevertheless, let disturbances and scandals be guarded against.

Concerning the final proclamation of each one, after the examination has been begun according to custom in chapter. Chapter 24.

When it shall seem opportune to the visitors, let all be called together to the chapter place to continue the act of visitation. When they are seated, one of the visitors should say: “Give a blessing.” And when the response has been made, “Lord,” let him add:

Most beloved brothers, there now remains, as you know, the final execution of our visitation; and for carrying it out we ought to give thanks to God.

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with God's help, we have come together to carry it out. And we exhort your charity that you also receive charitably the admonitions we make in charity, since we intend to accomplish only what is fitting for our salvation and yours.

And he may add the general depositions or matters seen, for admonition and correction. Then let the conversi, novices, and subdeacons, that is, those not yet constituted in sacred orders, be called to the mat, one after another, or two by two, or certainly those concerning whom such a deposition has been made that they ought deservedly to be proclaimed.

When the one called comes to the mat, let him bow moderately; and let the visitor tell him his faults. He should at once lie prostrate on the ground until he has been ordered to rise.

When those who are not members of chapter have been dealt with and have gone out, let the abbot first be called to the mat, then the prior and the others in order. But while the abbot stands in judgment before the visitors, all the other brothers, out of reverence, ought to stand uncovered until he has again been ordered to sit. And note that the abbot’s faults are to be stated here briefly, and the lesser ones, lest an occasion for contempt be given to the weak. But in private, or before a few of the seniors, let them tell him all necessary things, great together with small, etc.

But they shall impose penances at the discretion of the visitors, with discernment, according to the custom of the daily proclamation. But if anyone there comes to be punished more severely, let the visitors have this done through the abbot, as in Extra, De statu monachorum, Ea quae.

On Making the Final Exhortation. Chapter 25.

After all who are to be proclaimed have been proclaimed, and penance has been enjoined on each, let the visitor make a brief exhortation concerning regular observance, rebuking the general negligences of the brothers; and let him declare how such things are contrary to the rule and harmful to the soul, etc. And the rest in this manner, as seems expedient to them. But at this exhortation other professed monks and conversi who are not members of chapter, who had gone out, may also be recalled and be present, unless something else prevents it.

On the Customary Absolution. Chapter 26.

When these things have been finished according to custom, let all humble themselves for absolution, bending their knees, and let them say, Confiteor, concluding: Pray for me. Let the visitor, standing, say:

May almighty God have mercy on you, through the intercession of blessed Mary and all the saints, and may he forgive you all your sins and lead you to eternal life. Amen.

By the authority of almighty God, and of the ecclesiastical keys granted in this matter to our order, we absolve you from ecclesiastical censures; and we restore you to the communion of the Church and to participation; and we dispense with you and rehabilitate you for the execution of the things to be done. In the name of the Father and of the Son and of the Holy Spirit. Amen. And let some psalm to be said be enjoined on each; for conversi, the Lord’s Prayer twice or three times.

When these things have been completed, the visitors may excuse their insufficiency before those visited, and commend themselves to their prayers, as is often done in these or similar words:

Most beloved brothers, we ask you to receive charitably those things that we have said or done here to all, or also in private to individuals; and do not think anything else of us than that we have done all things in charity. Ah, also, I beg you, pardon me for the things said by me; and if I have offended anyone with words, or if I did not speak as I ought, or otherwise than I ought, ascribe it to my lack of skill, not to my will, etc., and such things. And let him add, if there is time: Our help is in the name of the Lord, who made heaven and earth.

On Making the Charter of Visitation. Chapter 27.

According to the statutes of the fathers, when the visitation has been completed, the state of the monks visited must be set in order in a charter, in which the necessary articles are to be inserted, in which each one ought to amend himself: first concerning the abbot, then concerning the prior.

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of the prior, the cellarer, and the other officials, and lastly concerning all in general. And he should also command, under penalties and censures if need be, in part or in whole, concerning the observance of the matters inserted. At the end of the charter, moreover, he should command how often in the year it is to be read in the convent, and he should insert the condition of the monasteries in respect to the number of persons and the amount of revenues, or also of debts. Let the charter be sealed with the two seals of the visitors themselves, as testimony for each. And it should be noted that the abbot is bound to make an accounting to his visitors concerning all revenues, according to the statutes of the fathers, as in chapters 1 and 2, and as was established in many other places.

The visitors should have a copy of the charter transcribed by themselves or by the monks visited, not by a layman, who ought not to know the defects of the monks. And they should carry this copy with them, to be sent to the chapter. Let the visitors carefully take heed not to hand over to the abbot the notes of the depositions, lest an occasion for ill-will be given, however zealous he may be; but let them carry them with them, to be revealed to the presiding lords, or certainly, if they do not need them, let them burn them in the fire.

Concerning what should be received from those visited for travel expenses. Chapter 28.

Every abbot and convent visited is bound, according to the decrees of the fathers, to pay his visitors, when they visit, three Rhenish florins for travel expenses, without any contradiction, as in chapter 11 and the three immediately following. Hence in the same place it says as follows: The whole community of the fathers decreed that every abbot visited should be bound to pay the visitors three Rhenish florins for travel expenses, unless the visitors themselves, for some good consideration, wish to act more moderately. Thus there. But let the visitors see that they demand necessities in such a way that they do not hide greed under the appearance of need. For a procuration of this kind ought not to be burdensome, but moderate: 10, q. 3, Cavendum, and 2, c. se. But if they do not visit, they ought to demand nothing, 10, q. 1, Relata.

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That visitors or their attendants should dare to accept any gift or money, offered in any way, from those visited. Chapter 29.

Because gifts make the giver and the receiver turn aside from justice, 11, q. 3, Pauper, and c. Qui rector, it is strictly forbidden to all visitors to accept any gift from those visited, or money offered in any way by anyone, whether by themselves or through their attendants. As is said in Constitution Benedictus XV, chapter De visitatoribus, where it has as follows: Visitors and their attendants should receive no money on an occasion of this kind or in any other way; nor should they themselves, or any one of their people, presume to receive any gift, whatever or of whatever sort it may be, from anyone who offers it, so that they may not seem to seek the things that are their own, but those of Jesus Christ. Hence we establish and ordain that all and each of the visitors of this kind, or their attendants, who, besides the expenses to be provided to them only in food, presume to demand or receive money, even from one willing to give it, or who themselves, or any one of their attendants, presume in any way to receive such gifts, shall be bound within a month to restore twice the amount they received to the church or monastery or other place of that same order or religion from which it was received. Otherwise from that time onward let such visitors, who delay beyond this period in restoring that double amount to them, know that they are suspended from office and benefice until they have made full satisfaction for such double payment to the churches, monasteries, or places thus burdened; no remission, liberality, or grace on the part of those who gave it being of any force for them in this matter. And nevertheless, if it is expedient, let the visitors thus suspended be compelled by the presidents to restore the aforesaid double amount, by apostolic authority, through ecclesiastical censure and by other appropriate remedies, with the obstacle of appeal removed. Thus there.

Therefore let the visitors forbid their chaplains and attendants to accept anything from anyone, on account of visiting, during the time of visitation.

...except for the customary expenses, under a fixed penalty; and if they do not do this, and those persons receive anything, they will not be free from the guilt of prevarication.

That those visited should provide their visitors with safe-conduct. Chapter 30.

If there is need, the abbots and convents that have been visited shall provide their visitors, at their own expense, with safe-conduct from one visited monastery to another to be visited at the visitors’ discretion, as has been established in many provincial chapters.

That visitors should not reveal to anyone the secrets of those visited. Chapter 31.

Let the visitors take care not to presume to reveal to anyone, especially to laypeople, matters entrusted to them, or even discovered by them, in visitations; nor indeed to their brothers or to any familiars whatever. For what each person does not wish to be done to himself, let him not do to another. For he who reveals secrets is fraudulent, 5, question 5, “He who walks.” And in the council of Pope Benedict XII, chapter 3, it says: “And because it proceeds from the virtue of prudence if a way is closed to scandals, we forbid the aforesaid visitors to presume to reveal to others those persons, or their names, who have revealed any secrets to them in visitations, except only when, on account of revelations of this kind, it will be necessary to proceed to the punishment or penalty of someone. But those who reveal such things otherwise are to be punished more or less severely, according as the quality of the deed shall require, at the discretion of the presidents.” This is found there.

This brief form of visitation, drawn from the writings and statutes of the fathers for the direction of myself and those like me when there is need, as best I could, I, brother Johannes, abbot in Sponheim in the diocese of Mainz, have written out and humbly offer to the lord presidents of the provincial chapter, to be examined and corrected. If they approve it as to be observed in visitations, I shall not be deprived of the fruit of my labor; but if they reject it, by subjecting myself patiently and humbly I shall be granted the reward of humility. In the year of the Lord 1490.

C

From the constitutions of Pope Benedict XII concerning visitors. Chapter 3.

Moreover, the visitors who, according to the aforesaid constitution of that general council, shall have been appointed in such provincial chapters, are to be suitable, diligent, and discreet in carrying out the office of their visitation; and they are to observe everything that is known to have been established in the aforesaid constitution of that council and in the other constitution of the said Honorius, our predecessor.

But if those visitors omit to carry these things out, or do so negligently, we will that by that very fact they incur the penalties incurred by those who do not come to the provincial chapter and have no canonical impediment.

And because we desire that the conduct of the aforesaid visitors proceed with complete sincerity, we decree that no one may be the visitor of the visitor appointed to him in the same year.

The aforesaid visitors, or their familiars, shall in no way remain more than two days in a cathedral church, monastic church, monastery, or other place of that order or religion to which they have chosen to turn aside for the sake of visitation, unless evident necessity or some great advantage of the church, monastery, or place of this kind should require a longer stay there by the visitors themselves or by their servants or familiars. But then they shall do this with the counsel of the elders of the aforesaid church, monastery, or place.

Nor shall the visitors or their familiars be burdensome and oppressive to those churches, monasteries, and places visited. They shall not seek sumptuous meals, but with thanksgiving shall receive what has been honestly and suitably provided for them.

And the said visitors and their familiars shall receive no money on this occasion or in any other way; nor shall they themselves, or any of their people, presume to ask for any gift, whatever it may be, or however it may be offered, so that they may not seem to seek the things that are their own, but those of Christ.

We decree and ordain that all and each of such visitors, or their attendants, who, beyond the expenses to be provided to them only in food, presume in any way to demand or receive money, even from one willing to give it, or who themselves, or any of their attendants, similarly presume to receive gifts, shall be bound within one month to restore double what they have received to the church, monastery, or other place of that same order or religion from which it was received. Otherwise, from that time on, such visitors who delay beyond that time in restoring the double amount to them should know that they are suspended from office and benefice, until they have made full satisfaction for this double amount to the churches, monasteries, or places thus burdened, no remission, generosity, or favor from those giving it availing them in this matter. And nevertheless, if it is expedient, those visitors thus suspended shall be compelled by the presidents of the said chapters, and by each of them, to restore the aforesaid double amount, by apostolic authority, through ecclesiastical censure and other suitable remedies, with the obstacle of appeal removed.

And because it proceeds from the virtue of prudence if the way is barred to scandals, we forbid the aforesaid visitors to presume to reveal to others those persons, or their names, who have disclosed any secrets to them in visitations, unless only when, because of such disclosures, it will be necessary to proceed to someone’s punishment or penalty. Otherwise, those who make such revelations are to be punished more or less severely, as the quality of the deed requires, according to the judgment of the same presidents.

There follow, from the decrees, various rubrics concerning the state of monks, which it is sometimes useful to have at hand in visitations.

The conduct of monks ought to be separated from all others, according to the etymology of the name, because he is called “singular.” 16, q. 1, c. 1.

Monks ought not to be in a crowd of the people; for they are called “singular” for this reason, that they ought to avoid the multitude of people. 16, q. 1, Si cupis.

According to the etymology of the name, a monk is to lead a solitary life; let him be content with his own cloister, because just as a fish without water lacks life, so a monk lacks life without the monastery. Therefore let him sit solitary and be silent, because he is dead to the world but lives to God. Let him recognize his name: for monos in Greek is “one” in Latin; achos in Greek is “sad” in Latin. Thus monachus is so called, that is, one and sad. Therefore let him sit sad and attend to his office. 16, q. 1, Placuit communi.

Except in illness, no permission is granted to a monk either to taste or to take meat. But if anyone presumes to act against the rule, let him be subject to confinement and penance for a period of six months. De consecratione, dist. 5, Carnem.

Monks ought to be subject to their abbots with all obedience and devotion. 18, q. 2, Abbates.

No one ought to become a monk in hope of an abbacy. 16, q. 7, Per laicos. See, however, the fine distinction in the gloss in the same place.

A monk cannot make a testament. 19, q. 3, Quia.

When anyone has been made a monk, all the things he had are to be conferred on the monastery; nor can he afterwards hand them over to anyone. 19, q. 3, Praelatum.

A monk is not permitted to make vows without the consent of the abbot; but if he has made a vow, it will have to be broken. 20, q. 4, Monacho.

No one may receive or ordain a monk without the permission of his abbot. 20, q. 4, Monachum.

A monk should never be idle, because every idle person is in desires; rather he should always be engaged either in the offices or in manual labor fitting for his state. Let him love knowledge of the Scriptures, and he will not love the vices of the flesh. Let body and soul tend toward the Lord. Let his senses keep watch; and, not lying open to wandering thoughts, let him do some work, so that the devil may always find him occupied. And many other fine things Jerome says to Rusticus. De consecratione, dist. 5, Nunquam.

XIX

Monks may neither make women their co-mothers, nor have familiarity with women: 18, question 2, Pervenit ad nos.

Monks are not permitted to live with nuns or to dine with them: 18, question 2, Diffiniuimus, and the two following chapters.

Monks are not permitted, at their own pleasure, to expel abbots or appoint others: 18, question 2, Nullam.

Women are forbidden to enter the monasteries of monks: 18, question 2, chapter Pervenit ad nos.

A monk is not permitted to possess property of his own: 12, question 1, Non dicatis, and chapter Quia tua; but all things ought to be common to them: chapter Scimus.

Incontinent monks are to be confined in the prisons of harsh penance: 27, question 1, Impudicas; 12, question 1, Non dicatis.

A monk is not permitted to receive anything without the permission of his prelate.

A congregation of monks, however holy it may seem, is rarely found without some admixture of bad men: distinction 47, Quantumlibet. And this is the saying of Augustine to Vincent the Donatist, where he also says: Just as I have scarcely found better men than those who have made progress in a monastery, so I have not found worse men than those who have failed in a monastery. Hence, I think, comes the saying in the last chapter of the Apocalypse: Let the just man still be justified, and let him who is in filth still become filthy. Thus there.

A monk who seeks to live delicately in religion, though he was poor in the world, is to be detested: 12, question 2, Gloria.

A monk has the office not of one who teaches, but of one who laments, who mourns either himself or the world, and who awaits the coming of the Lord with fear: 16, question 1, Monachus.

Monks who fail in religion are the worst; those who make progress are the best: distinction 47, Quantumlibet.

True monks and good religious men are to be honored before the rest: 16, question 1, Qui vere.

Monks are not to be received into a monastery for a price, nor are they to be permitted to have a private fund: De statu monachorum, chapter Monachi.

c iij

A monk who has property of his own is to be removed from communion at the altar; and if such a man is found at the point of death, he is not to receive burial among the brothers: in the same place, and chapter Super quodam, and chapter Cum ad monasterium.

Monks are bound to observe continual silence in the oratory, dormitory, refectory, and cloister: in the same chapter Cum ad monasterium.

Healthy monks are not to feed on meat: in the same place, section In refectorio.

From the Summa of Brother Angelus, on religious.

Whether religious are bound to be perfect. The answer is that they are not, except with that perfection to which they have obligated themselves; but they are bound to tend toward perfection, according to Thomas, Secunda secundae, question 186. Contempt for perfection is contrary to this. Hence they are not liars, although outwardly they bear the state of perfection, because they do not assume it as professing themselves to be perfect, but as professing themselves to be tending toward perfection. Therefore they would indeed be liars if they recalled their mind from the intention of perfection, according to Astesanus, book 6, title 47.

On obedience, collected from the Decrees.

Obedience alone possesses the merit of faith and is rightly preferred to sacrifices, because through sacrifices another’s flesh is slain, but through obedience one’s own will is slain: 8, question 1, Sciendum.

Obedience ought to be promised in writing; this is from custom and from the precept of the Rule of Saint Benedict. Likewise, he who knows that he has been placed over others should not be vexed that someone has been made his prelate, but should himself render the obedience that he demands: chapter Qui suis.

It is often not expedient to obey commands: 11, question 3, Non semper. It is not always evil not to obey commands; when the lord commands things that are contrary to God, then he must not be obeyed. And the following chapter, and chapter Iulianus, and chapter Si is.

Superiors are to be obeyed promptly: distinction 93, Si inimicus.

God is to be obeyed principally: distinction 8, Quae contra.

XX 11, question 3, Imperatores.

A monk ought to obey his own abbot more than the bishop in matters that pertain to the Rule: 18, question 2, Quam sit, § Nullus, and chapter Abbates; 9, question 3, Conquestus.

The commands of superiors are to be obeyed even if they themselves act otherwise, unless they have erred in the faith: 2, question 7, Sacerdotes.

Evil must never be done through obedience, but some good can sometimes be omitted because of obedience: Quod agit, 11, question 3, Quod generale.

Likewise, collected from the decrees concerning the correction of sinners.

Correction ought to be made from charity, according to the diversity of faults: 24, question 3, Corripiantur.

Correction ought to be made with the intention of healing, not of raging: distinction 86, Odio; 23, question 4, Ita plane circa me.

Correction ought to be mingled with kindness and severity: distinction 45, Disciplina; 12, question 2, Fraternitas; distinction 45, Omnis.

For excessive severity receives from those rebuked neither correction nor salvation: distinction 45, Cum beatus.

Many things about these matters are found scattered above in the form of visitation.

He who consents to sins is accursed before God: 11, question 3. He who consents to sinners and defends another who is offending will be accursed before God and before men, and he is to be corrected with a very severe rebuke. Hence also a certain most holy father says: If anyone defends a sinner, let him be restrained more sharply than the one who sinned. These are the words there of Isidore, and in the chapter Ita corporis and the two following chapters.

He who does not resist errors consents to them: distinction 83, Error. What he does not resist, he approves; and truth, when it is not defended, is oppressed. For to neglect to disturb the perverse when you can do so is nothing other than to foster them; nor is he free from the scruple of hidden fellowship who ceases to oppose manifest crime. This is the saying of Innocent. And in the following chapter, Pope Pius says:

For what does it profit him not to be polluted by his own error, if he grants consent to one who errs?

And in the following chapter Gregory says:

He seems to consent to one who errs who does not meet and cut away the things that ought to be corrected.

The faults of inferiors are imputed to the negligence of rulers: distinction 86.

The faults of lower orders are to be referred to no one more than to slothful and negligent rulers, who often nourish many plagues while they avoid applying a harsher medicine.

Men are to be loved; sins are to be held in hatred, in the following chapter.

Let them hate sins, not men. Let them correct the proud, tolerate the weak; and what it is necessary to punish more severely, let them strike with the mind not of one raging, but of one healing.

One must have pity on the man and be angry at the sinner: 23, question 4. When we say these two names, man and sinner, they are not said in vain. Because he is a sinner, correct him; because he is a man, have mercy on him. Nor will you wholly free the man unless you have pursued the sinner. This is Augustine on the Psalter.

XXI

The manner and form of celebrating a provincial chapter of the fathers of the order of Saint Benedict in the province of Mainz.

Since, in celebrating provincial chapters, many occupations are accustomed to confront the lord presidents, lest, when those who are experienced and practiced depart or are absent, those less experienced and unaccustomed to celebrating chapters of this kind should happen to be distracted by those very many occupations, I have taken care to send in writing, for the knowledge of those who follow, the present form, which in those very chapters that I have more often attended, when they were being celebrated, I saw and heard. Although in it we do not have all the things that are to be done in chapters, nevertheless many and more necessary things will be found. For I think this will be of profit both to those present, for the exercise of discipline, and to those to come, by the example and consideration of their predecessors.

That the presidents, visitors, and treasurers should arrive before the day of the chapter.

Therefore the past and future presidents, together with the visitors or treasurers, should come some days before the appointed day for celebrating the chapter, in the meantime also being supported by the expenses of the chapter, in order to discuss and advise one another in the matters that occur and must be done, as was ordained in the fifteenth chapter, celebrated for the second time at Seligenstadt in the year of the Lord 1454.

On the Saturday preceding the day of the chapter, let one citation be made of the absent, and of those who have not yet satisfied the assessment of the contribution. The promoter of the order, by command of the lord presidents, shall have this citation posted by the notary of the chapter on the doors of the monastery at vespers or compline. And he shall have the same done in two other churches if there is need. The citation may be made in this form:

By mandate of the reverend lord presidents of the black monks of the order of Saint Benedict of the province of Mainz and the diocese of Bamberg, all and singular abbots, provosts, and priors of the order of the province...

of the province and of the aforesaid diocese, who ought to be present at the chapter to be held on the coming Sunday Jubilate in the monastery of Saint N., to appear in person, or through their lawful proctors, on such-and-such a day at the sixth hour in the morning in the said monastery, before the aforesaid lord presiders, to show that they have obeyed the mandates of the visitors and have really and effectively made satisfaction concerning the imposed contribution, and to hear other matters concerning the foregoing declared and pronounced. But if they do not appear within the fixed time, then the said lord presiders will proceed against those contumacious persons, as the order of equity shall dictate, according to the tenor of the privileges of the often-mentioned order, the absence of those cited notwithstanding. In testimony of all these things the seals of two presiders have been affixed. Given in the year, etc., on such-and-such a day, etc.

The notary should subscribe himself to this citation in the usual way, and have the execution made at vespers or at compline.

The one who is to deliver the sermon on the following day should, on Saturday, present it in writing to the lord presiders, to be examined and corrected if necessary, lest scandal arise.

The past presiders, before the day of the chapter, should give the future presiders a full account of the receipts and expenditures, which the latter should read beforehand in writing if there is need. And therefore both groups are ordered to come to the chapter on Wednesday, as was established in chapter 17 at Nuremberg in the year of the Lord 1459.

On Sunday let the signal for terce be given rather early, according to the arrangement of the presiders; and the abbot appointed to sing the Mass should vest with the ministers and, during the introit, enter the choir, as is the custom. Before the presbytery he should recite the Confiteor with the ministers; and let the Mass of the Holy Spirit be sung solemnly, at which all the fathers must be present. When the Mass has ended, let a lectern be prepared at the head of the choir. Let there be a conference for the fathers and any others who wish to be present, on religion, discipline, humility, the virtues, and perseverance. The preacher, however, before he begins the sermon,

should ask a blessing from one of the presiders, who is the principal presider, if he is present. When the sermon is finished, let them enter the chapter place and let each take his seat: first the abbots, then the provosts and priors, and the proctors of the absent, according to the placement made by the promoter.

XXII

Then the promoter, standing while all listen, should say:

In the name of God, amen. By command of the venerable lords, the presiders, I warn and require all and each of those present here to whom it does not belong to attend this our sacred provincial chapter, under penalty of excommunication and suspension, to go out and withdraw from this chapter place. The notary should remain with the witnesses; nevertheless even they may be ordered to leave while secret matters are being discussed. If those matters must afterwards be written down after their withdrawal, they shall also be recited to the notary.

Then, in the customary way, let readings be made from the martyrology, and let the Precious be added by the prior of the convent, after he has first asked a blessing from the presider, saying: Lord, bid a blessing. And the presider who makes the response should answer: May the almighty and merciful Lord direct us in the way of his commandments. And all should answer: Amen.

And in place of the regular reading, let him read from the second chapter of the Rule, namely what sort of person the abbot ought to be. Chapter 2 of the Rule.

The abbot who is worthy to preside over a monastery must always remember what he is called and fulfill the name of superior by his deeds. He is believed to act in the place of Christ in the monastery, since he is called by his own name, as the Apostle says: You have received the spirit of adoption as sons, in which we cry, Abba, Father. Therefore the abbot must neither teach, establish, nor order anything outside the Lord’s command, which God forbid; rather, his command or teaching should be sprinkled into the minds of the disciples as the leaven of divine justice. This section is often customarily read as an introduction.

For an examination must be made in the dread judgment of God concerning both matters: his own teaching and the obedience of his disciples. And the abbot should know that whatever lack of profit the father of the household finds among the sheep will be charged as the shepherd’s fault. [unclear] he can find that is of less profit among the sheep of the householder. Yet he will again be free from blame if all the diligence of a shepherd has been applied to a restless and disobedient flock, and every care has been shown for their diseased actions. Their shepherd, absolved in the judgment of God, may say with the prophet to the Lord: “I have not hidden your justice in my heart. I have declared your truth and your salvation; but they, despising them, have rejected me.” And then at last death itself shall be the punishment for the disobedient sheep under his care.

Therefore, when someone receives the name of abbot, he must preside over his disciples with twofold teaching: that is, he should show all good and holy things by deeds more than by words. To receptive disciples he should set forth the Lord’s commands in words; but to those hard of heart and simpler, he should demonstrate the divine precepts by his own deeds. All things, however, that he teaches his disciples to be contrary to his own deeds, he should indicate are not to be done, lest, preaching to others, he himself be found reprobate; lest God someday say to him in his sin: “Why do you recount my justices and take up my covenant in your mouth? But you have hated discipline and have cast my words behind you.” And: “You saw the speck in your brother’s eye, but in your own eye you did not see the beam.”

Let him make no distinction of persons in the monastery; let not one be loved more than another, unless he has found one better in good deeds or obedience. Let not the freeborn be preferred to one converted from servitude, unless some other reasonable cause exists. But if justice so dictates and it seems good to the abbot, let him do this from any rank whatever. Otherwise let them keep their proper places, because whether free or slave, we are all one in Christ, and under one Lord we bear an equal service of military duty; for there is no acceptance of persons with God. We are distinguished before him in this respect alone: if we are found better than others in good works and humble. Therefore let equal charity be shown by him to all; let one discipline be applied by him to all according to their merits.

XXIII

In his teaching, therefore, the abbot must always observe that apostolic form in which it says: “Reprove, entreat, rebuke”; that is, mixing times with times, blandishments with terrors. Let him show the stern affection of a master and the loving affection of a father: that is, he should reprove the undisciplined and restless more harshly; the obedient, gentle, and patient he should entreat, so that they may advance toward what is better; but the negligent and contemptuous we admonish him to rebuke and correct. Nor should he dissemble the sins of offenders; rather, as soon as they begin to spring up, he should cut them out by the roots before they gain strength, mindful of the danger of Eli the priest of Shiloh. Those of better character and understanding he should correct with words at the first or second admonition; but the wicked, hard, proud, or disobedient he should restrain at the very beginning of sin with blows or bodily chastisement, knowing that it is written: “A fool is not corrected by words.” And again: “Strike your son with the rod, and you will deliver his soul from death.”

The abbot must always remember what he is, remember what he is called, and know that more is required from the one to whom more is entrusted. Let him know how difficult and arduous a thing he has undertaken: to rule souls and to serve the characters of many. One he must guide by blandishments, another by rebukes and persuasions; and according to each one’s character and understanding, he should so conform and adapt himself to all that he not only suffer no losses in the flock committed to him, but rejoice in the increase of a good flock.

Above all, let him not, by dissembling or making little of the salvation of the souls committed to him, show more concern for transitory, earthly, and perishable things; but let him always consider that he has undertaken to rule souls, concerning whom he will have to render an account. And lest perhaps he complain of too little substance, let him remember that it is written: “First seek the kingdom of God and his justice, and all these things shall be added to you.” And again: “Nothing is lacking to those who fear God.” Let him know that whoever undertakes to rule souls should prepare himself to render an account; and however many brothers he knows he has under his care...

number, let him know for certain that on the day of judgment he will render account to God for the souls of all of them, with, beyond doubt, his own soul added as well. And thus, always fearing the future examination, the shepherd, while guarding himself concerning the reckoning for the sheep entrusted to him, becomes solicitous concerning his own.

When these things have been completed, or as much as shall please the presidents has been read, the names of the dead, if any occur, shall immediately be recited from the book of the monastery. Then, from the slips brought by the priors, the names of the brothers of the order who have died since the last chapter was celebrated shall be recited by the same reader of the martyrology. When these are finished, the president shall add: May the souls of the brothers, familiars, and benefactors of our order rest in peace. And when the others have said Amen, let them read, as is customary, the psalm De profundis to the end, concluding with Requiem eternam. And after each has said the Pater noster silently, the official shall add Et ne nos, and the other things contained in the acts of the daily chapter.

When these things have been completed, one of the presidents shall enjoin the abbot of the house that after vespers the brothers shall perform vigils in choir for those dead. And he shall appoint one of the priors who on the next day shall solemnly sing the high mass for the same dead. After this the promoter of the order shall read the chapter In singulis from the Decretals, as follows: Innocent III, in the general council.

In each kingdom or province, every three years, with the right of the diocesan bishops preserved, there shall be held a common chapter of abbots and of priors who do not have their own abbots and who have not been accustomed to celebrate such a chapter. All who do not have a canonical impediment shall come together for it at one of the monasteries suited for this purpose, with this moderation observed: that none of them bring more than six mounts and seven persons. At the beginnings of this new practice, however, they shall summon two neighboring abbots of the Cistercian order to provide them suitable counsel and assistance, since they are, by long custom, more fully instructed in celebrating chapters of this kind.

XXIII

These, without contradiction, shall associate with themselves two from among them whom they think suitable. And those four shall preside over the whole chapter, in such a way that from this none of them assumes for himself the authority of prelacy; hence, when it is expedient, he may be changed by prudent deliberation. They shall celebrate this kind of chapter continuously for several fixed days according to the custom of the Cistercian order, and in it they shall hold a careful discussion concerning the reform of the order and regular observance. And what has been established with the approval of those four shall be observed inviolably, all excuse, contradiction, and appeal being removed; provision nevertheless having been made where the chapter should be celebrated at the next term. And those who have assembled shall lead a common life and shall all together meet the common expenses proportionally, so that, if not all can stay in the same house, at least several may stay together in different houses.

They shall also appoint in the same chapter religious and circumspect persons who, according to the form prescribed to them, shall in our stead endeavor to visit every abbey of the same kingdom or province, not only of monks but also of nuns, correcting and reforming what they see to be in need of the office of correction and reform. Thus, if they recognize that the rector of a place must be wholly removed from administration, they shall denounce him to his own bishop, so that he may see to removing him. And if he does not do so, the visitors shall refer this to the examination of the apostolic see.

The things that follow in that chapter are not customarily read in sequence. The following chapter will continue it: Honorius III, to the abbots and monks established in Lombardy and the March of Treviso.

From Quae pro religionis honestate, etc. Moreover, when the visitors appointed according to the statute of the general council by the general chapter of abbots have proceeded to carry out the office of visitation, they shall diligently inquire into the state of the monks and their regular observances; and they shall correct and reform, both in spiritual and in temporal matters, what they see should be corrected.

so, however, that he should have delinquent monks corrected by the abbot of the place, and that a salutary penance be imposed upon them according to the Rule of blessed Benedict and the apostolic statutes, not according to the standard of a depraved custom that has taken root in some churches almost as law. The visitors themselves, moreover, should, in our stead, strike with regular censure those monks whom they find contumacious and rebellious, according to the measure of their fault and without preference of persons; they should not spare rebels because of their stubbornness or because of the power of their friends, but should cast out the diseased sheep lest it infect the healthy sheep.

But if abbots are found negligent in correcting, according to the visitors' mandate and the regular statutes, either themselves or their monks, let them be denounced and rebuked, and let them be punished publicly in the general chapter in such a way that their penalty may be an example to others. But if an abbot who is not exempt is found by the visitors to be excessively negligent and lax, they should report this without delay to the diocesan of the place; and through him let a faithful and prudent coadjutor be given to him until the general chapter. But if he is found to be a squanderer, or otherwise deserving removal, after this has been reported to the diocesan by the visitors, let him be removed from the governance of the abbey without the noise of legal proceedings; and in the meantime let a suitable administrator be provided for the monastery, to take care of temporal affairs until an abbot has been provided for that monastery.

But if perhaps the bishop is unwilling or neglects to fulfill these things, the visitors or the presidents of the general chapter should not delay reporting the bishop's default to the apostolic see. We order these same things to be done concerning exempt abbots by the visitors or the presidents of the general chapter, with their deposition reserved to the apostolic see: so that, once the abbot who appears fit to be removed has meanwhile been suspended from administration by the visitors or by the presidents in chapter, a suitable administrator may be appointed for the monastery. Their offenses, however, and the other matters that seem proper to be reported to the chapter, the presidents shall report to us through faithful and prudent messengers,

to whom expenses shall be sufficiently supplied from the common contribution of the abbots, according to each one's means.

The following visitors, moreover, shall carefully trace the footsteps of the former visitors, and shall report their negligences and offenses to the next general chapter, so that they may publicly bear the penalty due according to their fault. We command the same to be observed also concerning abbots presiding over the general chapter. And after a few words: We command all these things to be observed also in monasteries that do not have their own abbots but priors, and likewise in monasteries of nuns, insofar as the articles are suitable to abbesses and nuns.

Then, if the presidents order it, also the following.

From the constitutions of lord Pope Benedict XII, concerning provincial chapters, chapter 2.

We also decree and ordain that, in the order or religion of the said Black Monks, in each of the provinces assigned by us below, there shall be held, in a place to be assigned for this purpose, every three years, saving the right of the diocesan bishops, a common or provincial chapter of abbots and of priors who do not have their own abbots; and of other priors of cathedral churches of that order or religion, or of others greater in those churches after their bishops, by whatever name they are called; and of the other prelates who, as stated above, do not have their own abbots, whether exempt or not exempt, of the same order or religion. To this chapter, unless a just impediment prevents them, all the aforesaid abbots, priors, and other prelates shall assemble; and concerning the reformation of this order or religion and regular observance, they shall strive to carry out what is set forth in this constitution.

Those, however, who are unable to come personally to the chapter shall, to allege the cause of a just impediment, send a fellow monk of their own church or monastery, if this can conveniently be done; otherwise another suitable person with sufficient mandate, containing an adequate cause of excuse and also authority

with authority to swear on their behalf that such a cause is true, they shall be bound to send him to the said chapter. The discretion of the presidents of such provincial chapters is reserved, and their power shall continue from one provincial chapter to another, so that they may decide whether a cause of excuse, or causes of excuse when several have been alleged, are sufficient or insufficient; and no one shall be permitted frivolously to appeal from their decree on this matter, or to protest in any other way.

Those, however, who do not come when no lawful impediment exists, or who do not send to it, as stated above, their fellow monk or another suitable person as excuser and procurator with sufficient mandate, shall be bound, within a term set by those presidents, to pay double what they would have spent in coming to the said chapter, remaining in it, and returning from it, as estimated by the judgment of those presidents or the greater part of them, the sum to be turned to the benefit of that provincial chapter. The presidents themselves may compel them to pay such double amount by ecclesiastical censure, by apostolic authority, and may publish, or have published, in places of the same order or religion, the proceedings to be carried out against them in this matter and the sentences to be issued. No favor may be granted to anyone concerning that double amount, whether in whole or in part, nor may any remission be allowed. Nevertheless proceedings shall be taken against the aforesaid non-attendees, especially if they maliciously withdraw themselves either to avoid correction or so that the condition of their church or monastery may not be known, or otherwise as shall seem good to the said presidents or to the greater part of them, notwithstanding their absence.

With respect to the presidents and visitors to be appointed in the same chapters, and all other matters to be carried out in them, those things shall be observed which are contained in the constitutions of the said general council and of Honorius III, pope of happy memory, our predecessor, while still preserving our statutes, ordinances, and additions written above

and below, as it is modified and limited in them.

And because this is a salutary institution and observance for the prelates and monks of that order or religion, we decree that the priors of cathedral churches of the same order or religion, or the chief persons in those churches after their bishops, who after those bishops have regular care of the monks, by whatever name they are called, are to assemble in those provincial chapters under the modes and penalties designated above. We also decree that those same priors or chief persons, the chapters, and all monks of those churches or monasteries, even if they have priories, offices, or administrations, or have their residence, in the churches or monasteries themselves or outside them wherever they may be, both exempt and non-exempt, even if the non-exempt are subject to certain exempt prelates, are included and comprehended under the coercive authority and ordinances of the said provincial chapters. They are to be compelled to those ordinances, under the penalties that the said presidents shall think should be imposed on them, by the presidents themselves; and any of the aforesaid monks of the said bodies who hold monastic benefices belonging to those churches are also to be compelled by the aforesaid priors or chief persons, by apostolic authority, through ecclesiastical censure and other suitable remedies, with the obstacle of appeal removed, to contribute to the moderate and reasonable expenses that the said priors or chief persons incur in coming to those chapters, staying in them, and returning from them.

Wherefore all local ordinaries, exempt and non-exempt, shall place no impediment against the aforesaid matters, either collectively or individually, nor permit one to be placed; but, when requested at the lawful times, they shall cause each and all of them to be ordered into execution and inviolably observed.

Since, indeed, we intend to take precautions lest an impediment arising with respect to the meeting of any provincial chapter be able to harm it, it is to be understood we understand and will that, if monastic cathedral churches should happen to be vacant, or to lack their pastors, that is, priors or others who, after their bishops, are the greater officials in them, as stated above, or if monasteries or places of the same order or religion should be vacant or lack their pastors, who would be bound to come to the aforesaid provincial chapter at the time when the holding of that provincial chapter is imminent, then the chapters of the churches and the convents of the monasteries and of the other aforesaid conventual places shall be bound to send to the said chapter a suitable person from the body of those churches, monasteries, and places, if this can conveniently be done, or else some suitable person from elsewhere, to do and fulfill all the things that the aforesaid abbots, priors, or superiors presiding in those cathedral churches or other same conventual places could do, if they had come to the same chapter and were present there in person.

But what is set forth above concerning a provincial chapter to be held every three years, in order to remove every scruple of hesitation, we wish to be referred to a sound understanding: namely, that when a provincial chapter has been held in one year, it may be omitted in the next following year, and in every case shall be held in the third year following.

Indeed, since it would be useless to issue sanctions if their execution were neglected and there were no one to uphold them, we ordain and will that the said common or provincial chapter ought to be celebrated at one of the monasteries of the same order or religion suitable for this purpose, if such a monastery exists in the same province; otherwise, let it be celebrated in another fitting and secure place. Concerning this, and concerning the day for holding the first chapter of this kind, and the other matters to be done opportunely about it, those who have been appointed for this by the apostolic see shall make provision on the first occasion.

And so that thereafter and forever there may be a reasonable ordinance concerning the same chapter and through it, we decree that in the said chapter to be held first, and always thereafter successively, those presiding at each chapter to be held, or the greater part of them, shall provide and see to it that it is ordained by whom, in the following chapter, the sermon is to be delivered and the mass celebrated; and they shall choose the place for holding the aforesaid chapter on the next following occasion, and who ought to preside in it. And so let it be done thereafter in successive provincial chapters.

Let them also provide which abbots, how many, and how often, until the next provincial chapter itself, ought to visit the monastic cathedral churches, monasteries, and other places of the same order or religion. If it seems necessary to the presiding lords, the following chapter from the same constitutions of Benedict XII, concerning subventions and collections, can also be read. Likewise from the Benedictine constitution, chapter 5.

Since in the often-mentioned constitution of the general council, among other things, it is expressed that those who have assembled in the triennial chapter are to lead a common life and proportionally meet common expenses as sons in common, we, considering that besides expenses of this kind other expenses are required as necessary not only for the aforesaid provincial chapter but also for the annual chapters, decree and ordain that in the same chapters, notwithstanding anyone’s contradiction or absence, for liberties, necessities, utilities, common expenses, and other customary matters, since a burden divided into parts is more lightly borne, collections, subventions, or contributions are to be made, imposed, and assessed by apostolic authority, according to the judgment of those presiding or of the definitors with respect to such a provincial chapter, or of the abbot or other president of the annual chapter itself and of the definitors with respect to the aforesaid annual chapter.

But so that, in the preservation of collections, subventions, or contributions of this kind, the safeguard of security may be faithfully maintained, we will and ordain that the collections that shall be made in the provincial chapter by three upright and faithful abbots or other prelates of that order or religion of the province in which the same chapter has been celebrated, in some secure monastery

or in another suitable place. Those, however, which are made in individual churches, monasteries, or other places of the same order or religion shall be made by three upright and faithful monks of each church, monastery, or place in which, as stated above, they are made. Of these, the abbot or other prelate of that place shall appoint one, the prior or priors and administrators or officials another, and the chapter of the church or the convent of the monastery or place of this kind the third. The money collected shall be faithfully and diligently kept in one chest, locked with three different locks and keys, and shall be applied only to the use of those for whom the collections were made, and shall not be diverted to any other uses. For faithfully observing and fulfilling these things, the said three abbots shall take a bodily oath in the presence of those presiding, and the aforesaid monks in the presence of the abbot and chapter, and also of the convent of the church or monastery, or of the prelate of the other principal place where the said annual chapter shall have been held. Nor may another contribution be made so long as any sufficient amount of the first contribution happens to remain.

The aforesaid presiding officers, and each of them, who are for such provincial chapters, as well as the abbots and greater men or others already mentioned, shall have power, by the apostolic authority stated above, to demand, collect, and levy collections, subsidies, and contributions of this kind from all and each of the subject abbots, if they have or shall have any, and from priors, prelates, administrators, officials, and beneficiaries of every kind who shall be subject to that annual chapter, or to the church, monastery, or other principal place; and to compel all and each of the aforesaid persons, by the same authority, through ecclesiastical censure, without appeal, and by other remedies of law and of that order or religion, to pay in full the aforesaid collections, subsidies, and contributions, as shall have been ordained in such provincial and annual chapters, with deadlines assigned for this; and freely to publish and execute the aforesaid things, and processes and

sentences in cathedral churches, monasteries, and other places of the same order or religion, when and as often as it shall seem expedient to them; and also to absolve from the said sentences, after suitable satisfaction has first been made; and to relax and remove all processes and sentences of suspension and interdict; and to dispense with them concerning any irregularity which they, while thus bound, may have incurred by profaning divine services or otherwise involving themselves in them, provided this was not in contempt of the keys.

After these things have been read by the promoter of the order, other items from the constitutions of earlier chapters may also be read at the pleasure of the lords presiding. When all these have been completed, one of those presiding, beginning the provincial chapter, shall say: “Bless.” Let the Lord respond. And again let him add:

“Let us now speak. Behold, venerable fathers, from the sacred canons on the orders and from the constitutions of the supreme pontiffs, you have heard the authority of this sacred provincial chapter, to celebrate which God has gathered us together into one. Supported by this authority, we begin this provincial chapter itself in the name of the Father and of the Son and of the Holy Spirit. Amen.”

Then let him add:

“Therefore we first protest that we wish this place and the other places of this monastery necessary for us for celebrating this chapter of ours to be deputed, and we depute them, as the chapter-place. And we wish this protestation to be considered repeated as often as, being assembled capitularly in those places or in any of them, we shall ordain, establish, or discuss anything.”

Then the same presiding officer shall receive from the notary a manual promise concerning keeping the acts of the chapter secret and not revealing them publicly. And the promoter shall say:

“We protest further that, if there is anyone here who is excommunicated, suspended, or under interdict, we do not intend to celebrate such a chapter in his presence. Therefore, if anyone knows himself to be such, let him leave this chapter-place, and let him not presume to be present unless absolved.”

And, turning to the notary, the same promoter shall add:

And you, lord scribe, I duly and urgently require to record this act and those that follow with diligence, and to mark it among the acts of the chapter, with trustworthy witnesses brought in for these matters.

Immediately the notary shall require witnesses, two or three of whom are to be present at all acts, except at the final proclamation of the fathers. Likewise, the promoter of the order, with all hearing, by the authority of the lords president, shall say by way of mandate to all and singular, both those now present here and those arriving at whatever hour, in virtue of holy obedience, that no one in any way reveal the secrets of this provincial chapter to any secular person or to any person not subject to our aforesaid chapter, to the detriment, disgrace, or burden of the order and of its professed members.

By the same authority, too, it is commanded to all and singular that no one presume to speak in the chapter places and proceedings before the lords president or the officials of the chapter, appointed or to be appointed, unless license has been requested and obtained, and this while standing and with head uncovered, with humility, reverence, and submission. Or, if he wishes, let him present it in writing.

Likewise, by the same authority, it is enjoined on all and singular who are bound to attend this chapter that no one withdraw from the place of the chapter without license, but that he remain until its end, under the penalty for contumacy and for those not coming to the chapter.

Then the register of the monasteries shall be read by the promoter or the notary, and the absentees shall be noted with the pen by one of them, as is customary. When these have been noted, the promoter shall accuse the contumacy of the absentees in these or similar words, saying:

Reverend fathers, lords president, I accuse the contumacy of the absent prelates, who are bound by law to attend this sacred provincial chapter; and I request that a monition be decreed, to be executed on the doors of this monastery against those same contumacious persons, and against rebels toward the visitors, so that they may appear to show that they have obeyed the mandates of the chapter and have actually presented themselves to it; otherwise, that they may see themselves declared to have incurred the penalties written below.

When he has said this, let one of the presidents see to it.

We, the presidents, wishing to act more graciously and not to condemn anyone too quickly, shall await the absentees until the following day, and longer if need be; so that meanwhile the procuratorial mandates of the absentees may also be examined, to determine whether their absence ought deservedly to be excused, and whether their procurators themselves ought to be reckoned present. Moreover, we decree a monition against rebels.

After these things, if there is time, let them choose definitors from among the abbots, who can give counsel and help to the presidents in the business of the chapter. Likewise, let three or four from among the same abbots be deputed to examine the procuratorial mandates of the absentees after dinner, or at a set time, in the place deputed to which the procurators are to come. This proviso is added: that if any procuratorial mandates are found ambiguous, they shall refer their examination to the lords president. The form of a sufficient procuratorial mandate is set out in the acts of the chapter.

Then the president may admonish the visitors beforehand that, at the set time or hour which they shall have determined, they are to be ready to present to the lords president the accounts and summaries of their visitations, according to the constitutions of the preceding fathers.

And if the hour is late and nothing difficult now remains, they shall be licensed to go to table, one of the presidents saying in these or similar words:

Venerable fathers, since the hour has already grown rather late and it is time for dining, lest we delay you, weary as you are, any longer from refreshment, we now wish to put an end to these proceedings. Therefore let each man dispose himself for table according to the promoter’s ordering, with discipline; in silence and with thanksgiving he shall eat what is set before him.

The promoter of the order shall seat the fathers in the refectory according to the time of each man’s prelacy, so far as this can be done. First, indeed, the abbots shall sit, then the priors and provosts, after that the procurators of the absentees, and afterward the other simple brethren. Yet this order of sitting can rarely be arranged in this way, on account of the multitude of those sitting and each individual [unclear].

[... because of] the unknown ages of the individual persons. And if the presidents wish to give any further admonition, let them do so, especially if there are any whose tonsure differs from the others, so that after lunch they may see to it that they are properly shaved. Then let the president conclude: “Our help is in the name of the Lord.” Let the others answer: “Who made heaven and earth.” And so let them go. But before they are dismissed, let all be admonished that at the first or second signal of the bell they are all to be present again in the chapter place; and, if it seems good to the presidents, let some penalty be imposed on those who arrive late.

After lunch.

When the bell has been rung and the fathers have assembled together, let them make the customary prayer, with the president beginning it, which ought to be done on bended knees before every capitular act, as follows:

“Come, Holy Spirit, fill the hearts of your faithful, and kindle in them the fire of your love, you who through diversity, etc. Alleluia, alleluia. Kyrie eleison. Kyrie eleison. Our Father.”

Let one of the presidents, adding to this, say: “And lead us not into temptation.” Let the others answer: “But deliver us.”

Versicle: “Save your servants.” Response: “My God, who hope in you.”

Versicle: “Send them, O Lord, help from the sanctuary.” Response: “And from Sion protect them.”

Versicle: “Be for us, O Lord, a tower of strength.” Response: “Before the face of the enemy.”

Versicle: “O Lord God of hosts, convert us.” Response: “And show us your face, and we shall be saved.”

Versicle: “O Lord, hear my prayer.” Response: “And let my cry come to you.”

Versicle: “The Lord be with you.”

Let us pray.

“Stretch out, O Lord, over your faithful the right hand of heavenly help, that they may seek you with their whole heart, and may deserve to obtain the things they worthily ask.

“O Lord, we ask you to go before our petitions by inspiring them, and to follow them by helping them, so that all our action may always begin from you and, once begun, may be brought to completion through you.

“O God, who taught the hearts of the faithful by the illumination of the Holy Spirit, grant us in the same Spirit to know what is right, and always to rejoice in his consolation. Through Christ our Lord. Amen.”

These things are to be said by the president who gives the address, with the others answering. After this let the same president say: “Give the blessing.” Let the others answer: “The Lord.” And let him add:

“If any one of you, reverend fathers, wishes to put forward anything for the common good of the chapter, of the order, and of its persons, let him confidently set it forth with fear of the Lord, reverence, and humility, and we will give him a hearing with all patience. But if anything necessary has been proposed, let the presidents, together with the definitors, have mature deliberation as to what is to be done in each matter.”

The presidents are also sometimes accustomed to ask all the fathers in order, according to the requirement of the cases that arise: “If any fathers have complaints to put forward against anyone, which could be met by us, let them put them forward humbly and without disturbance, and in like manner we will patiently hear them.”

And then let him add afterward:

“Likewise, if there are any brothers sent on behalf of their communities with testimonial letters to put forward something against anyone, let them present the letters and explain the causes; we will also hear them patiently and kindly.”

After this, if there are any matters to be treated capitularly, let them be treated. And let one of the fathers be appointed to sing Mass on the next day for the brothers. Then a brief exhortation may be made to the fathers on how they ought to conduct themselves in lodgings and in every place, in this or a similar manner:

“Venerable fathers, as you heard when it was read today from the Rule of Saint Benedict, according to which we are bound to live: he who is appointed abbot over brothers ought to instruct them in holy doctrine and to go before them with examples of good works. Unless he shows both to his disciples, he will undoubtedly receive a fearful sentence in the strict examination of God’s judgment. For he is believed to act in Christ’s place in the monastery; therefore he must follow Christ himself. For he himself says: ‘He who ministers to me, let him follow me.’ Just as Christ fed his disciples by word and example, so too we, who are his ministers, must feed our sheep

through the teaching of holy instructions, let us minister nourishment to our sheep, and through examples of good works let us display incentives to virtue for the weaker. For the pastor’s teaching is useful to all, but examples of virtue profit the weak and the untrained more. Examples are stronger than words, and it is better to teach by deed than by speech. We say these things, therefore, so that, shining forth in good morals, we may provide in all things a good example to those who see us. And to come briefly to the point, we exhort your fatherhoods that in every place and time, but especially in lodgings, you do good, scandalizing no one; for the suspicion of the weak is so readily turned toward worse things that the reputation of many is damaged by the scandal of one or a few, and even the praises of many scarcely know how to repair the infamy of a few.

If nothing more remains, let the fathers be dismissed to their lodgings, first advising them that on the following day all are to assemble for the Mass of the Dead. And let the notary, with the promoter of the order cooperating, write a warning against the absent in the manner of a citation, to be posted tomorrow, for greater abundance of caution, on the doors of the monastery. “Our help is in the name of the Lord.” “Who made heaven and earth.” And when these things have been said, let each go out to his lodging, except those who must remain.

Monday.

On the following day, at the appointed hour, let all assemble, and let them attend the Masses of the Dead, and whoever wishes may celebrate. When Mass has ended, let them assemble at the chapter place, and let him again read “Come, Holy Spirit,” with the prayers stated above. And let the president say, “Bless ye.” Let them answer, “The Lord.” Then, if anything was begun yesterday, let it be continued. And let the presidents entrust to the notary the writing of the chapter proceedings. After this, when the hour is suitable, let the presidents withdraw to some more private place and hear the visitors one by one concerning the office enjoined upon them, and concerning the condition of the monasteries that they visited, both in spiritual and in temporal matters, and whether in any places they were not admitted. And let them present copies of the letters

that they left in the monasteries visited by them. But if any visitors are not present, let them make a report of this kind to the fathers either in writing or through their proctors. If any abbots have been notably accused in any matter by their visitors before the presidents, let them be summoned, if it seems useful to the presidents, and let them be admonished to amend themselves henceforth in the matters charged.

Likewise, if the lord presidents cannot hear them personally, let them appoint three or four fathers to hear and receive from the treasurers themselves, in writing, an account of receipts and distributions; and when this has been reduced to writing, let them send it to be placed in the chapter chest. Then, when it is opportune, let the promoter again accuse the contumacy of those absent, and ask that they be condemned in expenses according to the constitutions of the order, under this form of words:

“Reverend fathers, today, for greater abundance of caution, I have caused another citation to be posted at the doors of the monastery against the abbots and other absent persons who are bound to attend this provincial chapter, so that they might still appear before your fatherhoods; otherwise they should know that they are bound to certain penalties. None of them has appeared or is appearing. Therefore, lest they derive advantage from their disobedience, and so that their penalty may become an example to the rest, I require and ask you, reverend lord presidents, that according to the force and form of the constitutions of Benedict XII, you deign to proceed against those absent persons, as contumacious, disobedient, and rebellious, according to the order of law, and to condemn them in expenses according to the named constitutions of the aforesaid Benedict.”

Then one of the presidents, after the counsel of the others has been communicated to him for this purpose, shall proceed against them in this way, seated, under this form:

“In the name of the Lord, by this our sentence, which we, residing in the place of presidency, with the counsel and assent of those learned in the law, pronounce, decree, and declare in these writings: we condemn the lords N. and N., contumaciously absent, on account of their contumacy, in so great a sum of money as, upon finding

...which they would have been about to spend in staying at the chapter and returning, if they had come, are to be condemned in double, according to the constitution of lord Pope Benedict XII. We therefore condemn them thus in these writings, and declare that they are to be compelled to pay by ecclesiastical censures, and we do compel them. We have assessed the amount of these monies at two Rhenish florins, to be paid irrevocably to our treasurers within this time and N., under penalty of excommunication, which, once that term has elapsed, they shall incur in these writings unless they have made satisfaction truly and effectively before the day fixed.

From these words let the proper form for the process be taken. Or, if the lord presidents wish to proceed more gently, then let the final clause be changed to this or a similar one: “We reserve to ourselves, or to our visitors, the assessment of these sums or shares of money.” The presidents can, however, first cite them to hear the assessment made, though this does not seem necessary, since the Benedictine constitution commits the matter simply to the lord presidents.

Then the promoter of the order shall accuse the rebels and say:

Reverend fathers, in the second place I accuse the contumacy of abbots A, B, and C, who do not appear, neither in person nor through lawful proctors, although they have been sufficiently awaited, and who do not show that they have obeyed the concluded reformation and withdrawn from their contumacy and rebellion. I ask that they be held, as indeed they are, contumacious; and, in their contumacy, I ask that the same men be declared to have incurred the sentence of excommunication contained in the processes of the past provincial chapters, and that appropriate letters be decreed upon this, with further penalties, censures, and sentences, even to the invocation of the aid of the secular arm.

Then the same president shall add: “We hold the aforesaid absentees to be contumacious, as indeed they are.” And he shall add this sentence:

The name of Christ having been invoked, keeping God alone before our eyes, by this our sentence, which we, residing in this place of presidency, issue in these writings with the counsel and assent of men learned in the law, we pronounce, decree, and declare:

that lords A, B, and C, abbots, and A, B, and C, conventuals, being contumaciously absent, because of their contumacy and manifest rebellion, in that they damnably refused in their chapters to receive and effectively enter upon the concluded, holy, and due regular observance, and, not withdrawing from this rebellion of theirs, did not appear, nor did they take care to allege lawful or reasonable causes why they were by no means bound to this, have incurred the sentence of excommunication according to the tenor of our processes in the preceding chapters, or in the last chapter celebrated at N.; and that, as such, they are to be publicly denounced, and are denounced. We decree by these presents that our necessary letters concerning this are to be issued, also under other censures and sentences, up to and including the invocation of the aid of the secular arm.

It should be noted that the lord presidents can proceed otherwise, if they please, against contumacious absentees: namely, in the recess they may state that within a fixed time they are to make terms with them, or with the visitors, or with others to whom they have given authority, a term being given for canonical monition. If they neglect this, once the fixed term has elapsed they shall be excommunicated by the fact itself, to be absolved by no one except by the presidents themselves or by the visitors. If this is done, then they should take care to bring such a process to their certain knowledge.

After the sentence has been issued, let the absentees be cited anew to hear and see the expenses assessed on the next day, in this or a similar form, and let it be posted under vespers:

By mandate of the reverend and venerable fathers, the lord presidents of the black monks of the order of Saint Benedict of the province of Mainz and the diocese of Bamberg, all and singular abbots, provosts, priors, and all others who are bound, or think themselves bound, to have an interest in the same province and diocese are cited to appear on Wednesday after the Sunday Jubilate, at the sixth hour in the morning, in person or through their lawful proctors, in the monastery of N., before the aforesaid...

to the said presidents, to see and hear a taxation made of all and each of the expenses, in which, by the aforesaid lord presidents, according to the constitution of lord Benedict, pope XII, because of their repeated contumacy and for other reasons to be stated at the appointed time, they are held to have been condemned by sentence; and to have the other appropriate matters concerning the premises declared and pronounced, and the decrees and procedures necessary in this matter determined and granted, with the customary intimation. And whether they appear or not, the same lord presidents will nevertheless proceed in the premises, without doubt, as the order of reason shall dictate, notwithstanding the absence of those cited. In witness whereof the seals of two presidents have been affixed to the presents. Given in the year of the Lord, etc. Let the registrar subscribe himself. This citation, as has been said above, shall be affixed under vespers or compline to the doors of the monastery or church.

After dinner on Monday.

If the matters written above can be completed before dinner, well and good. If not, let them complete them in the vacant time, as shall seem appropriate to all the presidents. Likewise, let the recesses of the last chapter be read, and if any commissions were made to anyone, let the execution of them be examined. Then, if nothing remains, let the fathers be dismissed to their lodgings, to return tomorrow at the sixth hour at the ringing.

The third day.

On Tuesday morning let the bell be rung, and let a Mass of the blessed Virgin Mary be sung solemnly by one of the fathers appointed for it on the preceding evening, at which all the others are to be present. When it is finished, let them go to the chapter, and let the customary prayer be said, “Come, Holy Spirit,” etc. And let one of the presidents say, “Bless.” And when the answer has been given, “The Lord,” let him continue if anything was omitted yesterday. Likewise, afterward let attention be turned to the order, and if anything else is newly to be established, let it be inserted this day in the recess. Likewise, if any answers are to be given or written to princes or to others, let them be made and dispatched with the counsel of the fathers. Let some be appointed, if the treasurers are not present, who shall collect the expenses, namely three Rhenish florins from each abbot, on this day, marking down what has been collected on a schedule, lest someone perhaps, which God forbid, pretend that he has given what he has not given.

Likewise, let some be assigned to assist the notary, who know how to arrange the recess, so that by the evening after dinner it may be complete. Likewise, if the necessity of the order requires it, let a proportionate contribution be imposed on all monasteries, and let the cause and form be inserted in the recess, which all are bound to pay under the penalties to be expressed in the same, according to the constitutions of Benedict, pope XII. And it should be noted that the lord presidents, with the definitors, can impose a contribution on others according to the Benedictine constitution without their consent; nor, however, are they themselves free from such a contribution. For what they impose on others they themselves ought first to bear. That it is theirs to impose a contribution is shown clearly in the same constitutions, in these words in chapter five:

“We decree and ordain that in the same chapters, notwithstanding any contradiction or absence, for liberties, necessities, utilities, common expenses, and other customary matters, since a burden divided into parts is more lightly borne, collections, subsidies, or contributions are to be made, imposed, and assessed by apostolic authority, according to the judgment of the presidents or definitors, for such a provincial chapter.”

Meanwhile also, if it has seemed good to the lord presidents, let the common expenses of the chapter be assessed with the father of the house, as is customary.

After dinner.

When dinner has been completed, at the signal of the bell let them assemble at once, as above; and when the president has said, “Bless,” and the answer has been given, “The Lord,” let the chapter be continued. Then, at the command of the presidents, let the recess be read, which ought now to be complete. At its end it should contain the place and day of the future chapter, and the other things that ought customarily to be done. And it should be noted that no more than two years ought to elapse between the chapter that has been celebrated and the one to be celebrated, according to the constitution of Benedict.

whose words on this matter are as follows: “But what is permitted concerning the provincial chapter to be celebrated every three years, in order to remove any scruple of hesitation, we wish to be referred to a sound understanding, namely, that when the provincial chapter has been celebrated in one year, it may be omitted in the next following year, and be held in the third year immediately thereafter.” Yet this must be observed: that the lord presidents, if need requires, may anticipate the term, and likewise prolong it.

When all these things have been completed, after the notary and witnesses have gone out, let the fathers proclaim themselves before the presidents, six or seven at a time, beginning with the juniors up to and including the presidents themselves, and let them receive the salutary penances imposed on them. Then let all read, except one president:

I confess to God, to blessed Mary, to all the saints, and to you, father, that I have sinned exceedingly, through my fault, by pride, thought, speech, deed, and omission. I beg you, pray for me.

And that president shall read the absolution as follows:

May almighty God, through the intercession of blessed Mary and of all the saints, have mercy on you, and forgive you all your sins, and bring you to eternal life. Amen.

By the authority of almighty God and of the ecclesiastical keys granted in this matter to our order, we absolve you from ecclesiastical censures, and restore you to the communion of the Church and to participation in the sacraments; and we dispense with you and rehabilitate you for the execution of acts to be done, in the name of the Father and of the Son and of the Holy Spirit. Amen.

And when some psalm has been imposed for satisfaction, let all rise; and the same president, kneeling before the other presidents, shall read, “I confess to God.” One of the presidents shall read over him the absolution as above, with the psalm.

And note that this absolution is one of jurisdiction, and that clause which many thought should be added ought not to be placed in it: “and from your sins.” For sacramental absolution, which must be preceded by a special confession of sins, has this clause. But it must be known that this absolution avails only this much: namely, by absolving from censures, if any had been incurred through neglect of the statutes of the order and of the chapter. And just as sacramental absolution absolves from fault, so that of jurisdiction absolves from temporal and spiritual punishment.

When these things have been completed, an end shall be made for each. Yet it must be known that if some advantage or necessity is pressing, the lord presidents may prolong the chapter further, until everything is well and maturely determined. At the end, one of the presidents, if time permits, shall give the fathers a brief exhortation before the blessing, concerning these or similar matters.

Venerable fathers, since now, with God’s favor, we have celebrated this our provincial chapter, lest, as we depart from one another, we forget because of their multitude the things that we have heard, listen patiently to the brief admonition that I make. We exhort you first of all that each of you remember within himself what the Rule says: “Let the abbot know that the fault of the shepherd falls upon him, whatever lack of profit the father of the household shall have been able to find in his sheep,” etc. And let him add, exhorting as the Lord gives him, concerning the preservation of pure religion, the faithful carrying out of profession, peace and charity and goodwill toward all, etc. Finally, let them depart from their lodgings honorably, after paying what is owed, with the knowledge of the host, not secretly but openly, etc. And let the abbots publish the statutes of this chapter to each of their subjects, and have two Masses sung conventually, one for the living and the other for the deceased brothers of our order; and let them see that the other prayers enjoined are fulfilled, and that the recess is publicly read in their monasteries to the brothers in necessary matters.

When these things have been completed, let the blessing be given by the president, as is customary, while all bow moderately.

Save your servants, O my God, who hope in you.

The Lord be with you.

And with your spirit.

Be present, O Lord, to our supplications, and direct the way of your servants in the prosperity of your salvation, so that amid all through the changes of this way and this life, may they always be protected by your aid. Through Christ our Lord.

When these things have been completed, all should go to their own places, except the presidents and officials, if they have anything to arrange, reckon, or pay. These things I have written only concerning the manner and order of celebrating a provincial chapter; although not everything to be done is contained in it, nevertheless it contains many things useful here for such matters, each of which does not refuse to undergo the examination of the lord presidents.

Bull of the Council of Basel on the reform of the Order of Saint Benedict throughout the province of Mainz.

The sacrosanct general synod of Basel, lawfully assembled in the Holy Spirit and representing the universal Church, to the beloved sons of the Church, all and singular presidents and visitors deputed everywhere, and to be deputed in the future, for future provincial chapters of the black monks: greeting and the blessing of almighty God.

Among the many cares by which we are distracted amid the varied affairs and business of the universal Church, that care especially stirs and moves our minds by which regular orders and places dedicated to the yoke of holiness may flourish again in spiritual matters. Therefore we willingly devote effective solicitude to this end, so that those orders and places which have incurred the reproach of deformity may be brought back to the paths of due reform, and, with the Lord continually directing them, may receive increase in these same spiritual matters and also in temporal ones.

Indeed, a petition lately presented to us by the beloved sons of the Church, the religious men of the Order of the black monks of this nation, contained that, although previously the fathers had included certain salutary articles concerning the reform of that order, nevertheless some of the subjects of this order and nation, when the visitors or provincial reformers come to them, do not allow themselves to be reformed according to the form of those articles, taking as their pretext that such articles did not proceed from us, and that, if we should ordain some reform, they would receive it.

Therefore, on behalf of the religious men of this nation, humble supplication was made to us that we would deign to command that reform be carried out in all monasteries of the nation and order in which stricter regular observance does not prevail, according to the content and form of the aforesaid articles.

We, therefore, whose principal concern this is, and who have been gathered into one by divine providence for this purpose, that the saving reform of the Church of God may steadfastly take place and persevere in head and members, considering that articles of this kind are in conformity with written law and the Rule of blessed Benedict, and that they ought to have place and to be observed not only in the aforesaid nation but in all and singular other nations, monasteries, and places of the said order to which such reform applies, and wishing also to provide opportunely concerning the premises, command your discretion by these writings that you and each of you, as pertains and for the time will pertain to the office of each, as often as it shall seem expedient to your consciences, which we burden in this regard, faithfully and diligently exercise the office of visitation and reform in all monasteries and places of the often-mentioned order in which stricter regular observance does not prevail, according to the content and form of the said articles, the tenor of which we have caused to be noted below word for word, by the authority of the universal Church.

For we, so that the desired fruits may follow from the zeal of such visitation and reform, grant and bestow upon you full and free faculty and authority to correct and reform, by salutary remedies, all and singular abbots and other presidents, and persons of whatever state, rank, order, and condition they may be, of the monasteries and places which it shall fall to you to visit, according to the quality and gravity of the offenses perpetrated by them from time to time, and according to the canonical sanctions and the regular statutes of the said order, as you shall see to be fitting for the salvation of souls and for the condition and indemnities of the monasteries and places themselves.

to absolve the abbots and other presidents and persons of this kind, and any of them, if they humbly seek it, from all and each sentences, censures, and penalties of excommunication, suspension, and interdict by which they shall be found bound for the time, or which perhaps shall happen to be promulgated against them in any way in the execution of this office, in the customary form of the Church, after a salutary penance and the other things that by law are to be enjoined have been imposed on them according to the measure of their fault; also to publish and announce the aforesaid articles, and to have them received and observed by all subjects; and to dispose, ordain, establish, and execute all and each other matter necessary or opportune in the premises and concerning them in any way; and to restrain contradictors and rebels by ecclesiastical censure and the other remedies of law, calling in for this, if need be, the aid of the secular arm.

No apostolic constitutions, statutes, or customs of the aforesaid monasteries, places, and order, strengthened by oath, apostolic confirmation, or any other firmness, nor any other contrary things whatsoever, shall stand in the way. Nor shall it stand in the way if to the monasteries, places, and order, to the abbots and other presidents and persons, or to any others, jointly or individually, an indult has been granted by the Apostolic See that they are in no way bound to admit others to visit or otherwise act beyond and contrary to the privileges or indults granted to them, and that they cannot be compelled to this, or excommunicated, or that they themselves or monasteries and places of this kind cannot be placed under interdict or suspension, by letters that do not make full and express, word-for-word mention of such an indult; nor shall any apostolic privileges, exemptions, or indulgences, general or special, of whatever tenor they may be, by which, because they are not expressly or fully inserted in the presents, the exercise of your jurisdiction in this matter could in any way be impeded, stand in the way, since, as regards this, we do not wish them to avail them in any way.

XXXVI

On Absolution.

We will, moreover, that each of the presidents and persons mentioned whom you shall judge should be absolved from such sentences, censures, and penalties, or from any of them, ought and shall be bound, when the impediment has ceased, canonically to render satisfaction within a competent peremptory term to be fixed by you to each person to whom satisfaction may perhaps have to be rendered on that account. Otherwise, when the term has elapsed, they shall by that very fact fall back into their former sentences, censures, and penalties.

The tenor of the aforesaid articles, as they have been set forth, follows and is this:

Articles for Reform.

Because regular discipline and the beauty of religion have almost wholly fallen, and have miserably collapsed, to the grave scandal of the whole order of black monks and to the dishonor, reproach, and contempt of all the professors of that order, and, what is more horrible, to the deadly harm of souls: for, alas, every comeliness has been taken away from religion. She who formerly could glory in the Lord, saying, “I am black in the lowliness of my habit, and beautiful in the holiness of morals and observance,” now, alas, by a certain monastic coarseness, has been perverted into wantonness and insolence, so that neither in reality nor even in appearance does any image of her former beauty now seem to remain.

Therefore we, the abbots and other religious of the said order gathered in the sacred Council of Basel, wishing with such great and most earnest desires and with one zeal to provide against such great and enormous scandals, and for the reform of the same order, lest it hereafter suffer a more grievous ruin, which may God avert, have come and gathered together into one. Devoutly and wholesomely attending with daily labors to the aforesaid reform, we have set forth certain beginnings and foundations of religion, so that, beginning from these, deformed monasteries may be able to advance toward the fruit of monastic profession; and out of abundant caution, from the Rule from the Rule of our most blessed father Benedict and from the constitutions of lord Pope Benedict XII, of happy memory, which we have judged ought to be observed in all monasteries and places of the said order in which the stricter regular observance is not in force.

Yet for this reason we do not intend, as indeed we cannot, to derogate in any way from the other things contained in the aforesaid Rule, even if they are not now explained by us, or from the praiseworthy constitutions of the fathers and the stricter observances, so that the religious of the said order are bound to them as before.

First, just as the said Rule of Saint Benedict took very solicitous care concerning the divine work, we, following it, ordain that the divine office, both by day and by night, be celebrated devoutly, deliberately, with pauses, not racing through it, not cutting it short, at the proper hours, as is contained in the Rule of our most blessed father. And as soon as the signal has been heard, leaving everything that may be in their hands, they shall hasten to it with the greatest speed, yet with gravity, lest frivolity find encouragement, so that nothing is preferred to the work of God.

And so that they may not be able to excuse themselves on the pretext of ignorance because they did not hear the signal, we will that the recitation of matins, which is to begin at midnight or thereabout, of prime, and of vespers last at least more than a quarter of an hour.

But whoever has not come to the aforesaid office shall be punished without remission, as is contained in the Rule.

On Confession and the Celebration of Masses. Article 2.

We also will and ordain that the abbots and the other aforesaid members of the order confess, celebrate, and communicate as is contained in the constitutions of Pope Benedict XII concerning the celebration of masses.

And all those who, according to the law and the Benedictine sanctions, ought to have been established in sacred orders or in the order of priesthood shall be promoted to these within a year; and against those who are negligent the visitors shall proceed as they can by law.

XXXVII

On the Daily Chapter of Faults. Article 3.

We further will and ordain that every day, in places where there are six monks, and in other places where it is customary, after prime if only one mass is said, but if two are said, after the first-mentioned mass or at another customary hour, the daily chapter shall be held. In it, after the martyrology and the reading of the Rule, which is to be explained in the vernacular by the one presiding over that chapter, or by another whom he has ordered, before they proceed to other matters, the faults and excesses of the negligent or delinquent shall be punished.

On the Books and Ornaments of the Church. Article 4.

We will that every abbot or presiding officer, when he has come to his monastery, immediately within a month provide for a clean and proper vessel and place where the sacred Eucharist is to be kept; and also that the books, with the other ornaments concerning the divine office and the monastery, be preserved with diligent custody.

On the Form and Decency of Clothing and Tonsure. Article 5.

Since, through the decency of outward habit, the professed and novices of the said order ought to show moral integrity and the dignity of religion, we establish and ordain that all wear large and broad tonsures, so that the circle of them does not exceed the space or thickness of two transverse fingers. And let them carry themselves decently in garments, habits, and footwear, according to the Clementine Ne in agro and the constitution of the aforesaid Pope Benedict XII on the form and decency of garments: namely, that they wear tunics and garments nearest to the outer habit, of black or brown color according to the custom usually observed among them, round and reaching to the ankles, not slit nor marked by any other deformity, having broad sleeves extending as far as the wrist, in no way buttoned or tied; yet not so broad that their width extends beyond the wrist with the thumb raised, nor around the mouth of the elbow, as the abuse of certain persons has it, beyond what is proper.

so that the arm can easily be turned and inserted. Let them be content with almuces of skins in place of hoods. Yet, with the abbot’s permission, they may use decent hoods in the proper places where they are accustomed to wear them, split over the shoulders to a length of at least four transverse fingers.

They are not to wear sendal in their garments for linings, or miniver, vair, or any other costly material; but for the said linings let them use only the skins of lambs or young sheep, or at least other cloths that are not costly. Nor are the linings to appear in any way above the collar, or at the hems of the garments or sleeves.

Concerning the Clothing of Those Traveling. Article 6.

Further, when it happens that they set out outside the monastery, they are to wear a frock, or a cowl, or a cloak; and beneath the cloak, if they wear it, they are to have a cowl or scapular.

Concerning the Clothing of Novices and Conversi. Article 7.

Novices, however, are to use a cowl, inside and outside the monastery, open on both sides. Conversi are to use a scapular with a hood attached to it and closed, inside and outside the monastery.

Concerning the Length and Width of Garments. Article 8.

But because in the aforesaid habits some use garments more ample and longer, and others less so than is fitting, for this reason we have thought it necessary to insert here the length and width of the aforesaid garments, which we wish to be observed generally. And first, beginning with the hood of the frock, we ordain that its width is not to reach the elbow by the thickness of two transverse fingers; nor may it be narrower, or so short, that it does not extend as far as the middle of the elbow and of the upper bone near the shoulder. At the back, however, it is to extend at least as far as the belt, and is not to extend beyond it by more than four fingers.

The length of the sleeves is to extend one cubit beyond the hand and no more; and their width is not to exceed one and a half cubits. The frock below is to be so wide that steps can easily be taken within it.

And what has been said about the frock we wish to be understood of the cowl also, except for the sleeves, since cowls have none. Within the monastery, however, in places where there are twelve monks, all are to use frocks or large cowls. In other places, however, where there is not so large a congregation, they are to use cowls, not frocks, except for the president of the monastery and the one second after him, whom we wish to wear the frock in every case. Yet during work and the divine office beneath the alb, and while riding beneath the cloak, they may wear a scapular at least half a cubit wide.

And they are to wear boots or high strapped shoes, so that their width covers a space of four fingers on the leg above the ankle. But if in any of the foregoing matters they have not worn the habits as set out above, beyond the penalties inflicted by law we wish them to be punished by their superiors in their religious house, or, if they have no superior, by the visitors of the provincial chapter, in such a way that it may serve as an example to the rest.

That Monks Should Live in Common in the Refectory Without Eating Meat. Article 9.

Likewise, the brothers are to live and eat in common in the refectory, in which no one at all is to eat meat. And the visitors are to be diligent in seeing that they cause the constitution of Benedict concerning the eating of and abstinence from meats to be observed inviolably.

Concerning the Reading to Be Done at the Brothers’ Table. Article 10.

At the brothers’ table, too, sacred reading is not to be lacking; and the one who is to read for the whole week is to enter on Sunday after the blessing, as is stated in the Rule, chapter 38, concerning the weekly reader.

How Monks Should Sleep. Article 11.

Each monk is to sleep clothed in his own bed, in the same place if this can be done, or at least in groups of ten or twenty; but not in separate rooms, especially if they are not suitably partitioned, so that the bedding in them can be plainly and clearly seen, according to the manner of their way of life.

according to the abbot’s arrangement; and they shall not use feather mattresses.

If, however, chambers are found in the dormitory, we order that they be destroyed by the visitors or by their command, or suitably barred off.

Concerning silence in four places. Article 12.

Silence shall be observed in the oratory, dormitory, refectory, and cloister. And after Compline no one may say anything, except as is contained in the Rule. And before the said Compline, let there be read the Collation of the Fathers or some other edifying work.

Concerning the porter of the monastery. Article 13.

At the gate of each monastery let one porter or doorkeeper, provident and discreet, be appointed, so that without the permission of the abbot or of another president no one may be granted freedom to leave that monastery. But if anyone goes out without such permission, let him be subjected to fitting and due penalties, as is contained in the constitutions of Benedict XII concerning permission to go outside the monastery.

Furthermore, he shall be attentive that he in no way permit women to enter the monastery.

That no one from the order of mendicants be received into our order. Article 14.

Moreover, since we have heard that certain abbots and other presidents in monasteries have received mendicant religious as monks without the permission of their own superiors, and afterward, what is worse, permit them to wander about to the detriment of their souls and the scandal of religion, we forbid them to presume such things henceforth. And those whom they have already received, unless by authority and mandate of the Apostolic See or by sufficient permission, they shall be bound to recall as quickly as they can, together with others wandering outside the monastery, or at least within a year, to the monastery; otherwise they shall be punished by the visitors of the provincial chapter with grave penalties.

Concerning nuns. Article 15.

But the things that have been said concerning monasteries of men we wish also to be observed in monasteries of nuns, as regards the articles applicable to them. Wishing nevertheless, and ordaining,

that they be kept under due and perpetual enclosure, as is contained in the constitution of Boniface that begins Periculoso, concerning the state of monks, and as this sacred Council of Basel commands to be observed, we instruct the visitors of the chapter, in virtue of holy obedience, to apply diligence in this matter.

Concerning the master of novices. Article 16.

Likewise we ordain that abbots and other presidents in their monasteries shall have suitable and sufficient masters, who shall introduce their novices to the elementary branches of learning; and afterward, once they have been instructed, shall suitably send them, according to the form of the statutes of the aforesaid Benedict XII, to the general studies, assigning them a pension.

Concerning the number of monks. Article 17.

We wish and ordain that in every monastery where the resources and revenues suffice, the number of monks established from the foundation shall be maintained; or, if they do not suffice, let as many be maintained as can conveniently be supported. Thus, under pretext of any privilege, pact, transaction, or custom which is called corruption, no one shall be excused, especially since we reject that corrupt practice by which some say that they can receive no one unless he is noble. For although nobles, other things being equal, are preferred in reception, nevertheless others are not excluded on this account, nor ought they to be excluded.

That the goods of monasteries are not to be divided, but provision is to be made for all in common. Article 18.

Since all the goods of a monastery are ordained for the support of the monks and for bearing other necessities, from which provision must be made for each according to the requirement of all, as is contained in the Rule, chapter 33, it is utterly absurd that abbots and officials should belch forth superfluity from the revenues of the monastery, while poor cloistered monks lack clothing, food, or other necessities, especially in bodily sickness, so that they are often compelled to turn back to the assistance of their parents. We wish and ordain that, notwithstanding the divisions of burdens among the abbot and officials among themselves, all

let the necessary things be provided to the monks from the goods of the monastery generally. And for doing this, let there be an allocation extending even to the revenues of whatever officials and of the abbot alike. Nor may that division, nor any other custom, avail in opposition for the abbot himself or for any officials. We wish the visitors of the chapter to attend especially to this matter.

On Places Not to Be Leased Out. Article 19.

Let them not lease out places of the order except with observance of Benedict’s constitution concerning places not to be leased out, which we wish to be firmly observed, both with respect to the persons to whom they are leased and also with respect to the other circumstances.

On Loans. Article 20.

We also will that, when loans have to be made, likewise the constitution of the aforesaid Pope Benedict XII concerning loans and sales be provided for; and we most strictly command that it likewise be observed, under the penalties added there and others to be imposed by the aforesaid visitors of the chapter.

On Inventories of Monasteries. Article 21.

So that it may more clearly be seen and known who are dissipators of the monastery’s goods or restorers of them, we will that, at the assumption of office of any abbot or other president, inventories be made, as is contained in the constitutions of the aforesaid Pope Benedict XII concerning inventories.

On Monks Who Own Property. Article 22.

Against the vice of ownership, let what is contained in chapter 33 of the Rule be observed, together with what is contained on this matter under the same title in the constitution of the lord Pope Benedict XII, and according to the form of common law.

On the Resignation of Officials. Article 23.

We will that all benefices or offices which are assigned for supporting the burdens, both in food and in clothing, of the monks, if, at the abbot’s command, after having been warned three times, they refuse to pay or provide to the religious what they owe, the said abbot may and must, with the counsel of three or four senior monks of the monastery, remove them from the said offices or benefices and establish others in their place, notwithstanding any appeal

--- Page 084 --- presidents, to make their residence and customary dwelling within the bounds of the monastery, and not to make their stay in remote castles, except rarely and at times only for the sake of moderate recreation or to secure some public advantage.

That abbots and presidents of monasteries celebrate there on solemnities. Article 28. We also will that the said abbots celebrate there on the principal solemnities and on others, according to the custom and practice hitherto laudably observed in the said monasteries.

That monks not live with their parents. Article 29. We forbid abbots to permit their religious to make a long stay and residence with their parents or other laypersons, or to be entangled in the services of such people. Indeed, if one prior could not live honorably and fittingly in his priory with at least one religious, let him be brought back to the monastery, according to the constitution of Pope Benedict XII and of the Council of Vienne which begins Ne in agro.

Of beneficed monks to be sent to general studies. But if any priors or beneficed monks wish to go to study, let the greatest care be taken that, under the appearance and shadow of study, they do not wish to wander about in cities. For this reason, when they are seen to be useless and neglectful of study, let them be sent back to the cloister or to their benefice, if, as has been said, they can live there. And the general prior of the monks in study should take diligent care over this matter; and we will that this prior be diligently visited and corrected by the provincial chapter within whose boundaries such a study is located.

Of the chapter of faults of monks who are students. Article 31. We will that the prior of the monks who are students of the said order hold his chapter every fifteen days, and there correct and punish, according to the form of the Rule, any student monks whenever they have behaved scandalously in life or dress. Moreover, he must inquire diligently into this and appoint trustworthy investigators from the order itself in the same study.

According to the form of the constitution of lord Benedict, Pope XII, no general prior shall continue in study except for one year. And we will and decree that the same prior be a formed bachelor in theology, or licensed in decrees, or a man of advanced and proven religious life. This prior shall also have authority to punish the contumacious and rebellious by bodily imprisonment, but with the consent of four or five notable religious present in the study, to be chosen by the religious of the said order studying there. Furthermore, with the consent of the aforesaid persons, when he sees any to be incorrigible and excessively scandalous, he may send them back to the cloister or to their own priory.

Item, we will and ordain that all religious coming to the study present themselves to the said prior within five days, and that he have all of them written down in one book. Nor shall they leave the study unless the cause of their return has first been made known to the said prior. If this prior sees that the cause is unjust on the abbot’s part, then let him take care diligently to inform the visitors of the provincial chapter, so that they may make provision concerning this.

That monks not go on pilgrimage. Article 32. We forbid that abbots permit their monks, under the pretext of some devotion to some saint, or of indulgences to be sought in some place, to go out from their places, especially beyond the boundaries of their diocese, unless perhaps to visit certain regions by whose example they can be edified, or which they can edify; but this rarely and with great caution. And no prior or beneficed monk shall remain outside his own diocese for five days unless he has obtained permission from his abbot. Otherwise the guilty shall be punished most sharply by the visitors of the provincial chapter.

Of the increase of penalties. Article 33. The aforesaid visitors shall impose the more serious penalties of the constitution Ne in agro against any religious so disorderly or forgetful of their profession.

who do not shrink from carrying hunting birds on their fist after the manner of secular nobles, or having them carried before them by their attendants.

That provisions are not to be given in money. Article 34. We forbid provisions, clothing, and other necessities to be supplied to monks in money or revenues in any way, notwithstanding any constitution or ordinance whatsoever. And in this matter the constitution of the aforesaid Pope Benedict XII is to be observed. We also will that the aforesaid clothing and provisions be supplied decently to Benedictine religious at the appointed times.

On the vice of incontinence. Article 35. The visitors of the chapter also are to exercise exact diligence by inquiring whether in any place there are any persons marked by incontinence. And where they find this to be so, especially among superiors, or find persons conniving at the incontinence of others, they are to take every care to purge out that vice with due punishment. And if perhaps they cannot do this because of favor shown to persons, they are to report it to the provincial chapter. The said visitors are to inquire whether abbots are too fleshly in distributing the offices and benefices of their monastery, so that they pay more regard to the advancement of their relatives and blood-kin, and whether on account of them the monastery suffers ruin or loss in spiritual matters and is damaged in temporal matters; and they are to rebuke the guilty very severely and report them to the provincial chapter. They are also to inquire whether an abbot, in pride of heart, treats his monks not in brotherhood, as though he were not one of them; and whether he does not permit them to speak anything, even charitably, for the good of the monastery and of morals; whether he himself, by his own fury, is overturning his house; and whomever they find guilty they are to take care to correct diligently, or else denounce them to the provincial chapter.

On the obligation of these constitutions with respect to penalty. Article 36. By these things we do not understand that the aforesaid provisions bind more to fault than they formerly bound, but only to penalty.

On the constitutions of the supreme pontiffs. Article 37.

XLII

We also will that the declarations of the Roman pontiffs issued concerning the aforesaid Benedictine constitutions have force in the foregoing matters.

That visitors be diligent in all things. Article 38. In all the foregoing articles it is committed to the visitation of the visitors that they be solicitous for the profit of souls and, according to the disposition alike of persons and of places, act prudently in all things.

That laymen are not to be appointed over the needs of the monastery. Article 39. Laymen are not to be appointed over offices, nor monks to receive and collect the goods of the monastery and distribute them, except insofar as they are subject to and servants of the officials themselves of the monasteries, and are bound to render an account to them of what has been received and distributed. Given at Basel, on the tenth day before the Kalends of March, in the year from the birth of the Lord 1439. Here ends the bull of the Council of Basel for the reform of the order, transmitted to the chapter.

Here begins the constitution of Lord Nicholas of Cusa, cardinal priest of the title of Saint Peter in Chains, legate, concerning visitation.

Nicholas, by divine mercy cardinal priest of the holy Roman Church, of the title of Saint Peter in Chains, legate of the Apostolic See throughout Germany, to the visitors of the province, etc.

On the life and morals of the visitors, especially while they are visiting. Since formerly, and below. Therefore, first of all, we will and, under appeal to the promise made to us and to the strict examination of the Last Judgment, enjoin upon you that at all times, and especially during your visitation, in all conduct, life, morals, and discipline, you take care to bear and conduct yourselves so religiously, holily, and honorably that to the others to be visited by you, not only by word but also by example, you may offer a model of complete perfection. During the time of visitation you are to proceed in suitable dress, with a household and mounts appropriate and honorable, not excessive, so that each of you is content with a chapel and household and with three horses.

Moderate

Let refreshment without grumbling suffice you. The eating of meat, except in the case of illness according to the permission of the Rule, and also the acceptance of any offered gift, even one not suspect, shall in no way be lawful for you.

The form of visitation and the manner of proceeding.

With gentleness preserve the censure of discipline, correcting crimes and excesses without any acceptance of persons; strive to extend the offices of charity and kindness to all. Take care to recall those at discord to concord, diligently exhorting prelates to solicitude and vigilance concerning the souls entrusted to them, and to consider how much more perfect they ought to be than others, to whom they have promised that they would teach the way of perfection; how grave a danger hangs over them, since in the strict examination of the last judgment they will be bound to render an exact account for each and all of those entrusted to them; and that all, both prelates and subjects, should fulfill their profession, solemnly made in the person of the prelate before God, who does not deceive, and the vows that their lips have uttered, without which it is impossible for them to be saved; likewise, how sweet is the yoke of the Lord and light his burden to all of good will.

But because among very many the conversations of exhortation make little progress unless the censure of coercion also comes in, therefore in the monasteries or places that you shall visit for the time being, after the customary conference of salutary exhortation has first been given, in order to complete the act of visitation, once a corporal oath has been received from all that they will speak the truth in their examination, you shall proceed according to the tenor of the commission delivered to you by our other letters, even through the coercion of the censures and penalties expressed therein, establishing, ordaining, and carrying out whatever will be opportune there for introducing and continuing regular observance and discipline.

Take particular care that the prelates of the monasteries that you shall visit are so instructed and imbued by the ministry of this visitation of yours that, in decent habit and tonsure, in honesty of life, gravity of morals, the word of doctrine, and the example of holiness, they may preside over their subjects laudably and fruitfully, and correct the excesses of their subjects according to canonical and regular statutes. Let them recall all their fugitive and absent monks to their own monastery as soon as they are able, within a suitable term fixed for them by us for this purpose, except only those absent monks who are bound to the care of annexed parish churches, so that they may live there under regular discipline and observance.

Let all things be common to abbots, priors, and provosts, and indeed to one another, in fraternal charity.

Let no monk be permitted to use the damnable private ownership of things or goods acquired in any way whatever, but let all things be brought back to common use.

Concerning the vice of incontinence.

Against the incontinent, both prelates and subjects, let the strictness of a graver censure proceed, so that not only are public vices of incontinence punished or coerced by vengeance, but also every matter or occasion from which a suspicion of incontinence could arise is removed from the midst.

Concerning the three substantial elements of religion to be observed.

Let the three principal substantial elements of religion be observed most fully by all, so that no dispensation or contrary custom may avail anyone against them.

That monks should keep silence.

Let silence be observed in these places: in the oratory, dormitory, refectory, and cloister, and in the other places and at the customary times.

How the monks are to take refreshment.

Let the brothers take refreshment together under table reading, to be continued until the end of the meal. The eating of meat is to be most strictly forbidden to all, at every time and place, except only in a case permitted by the Rule.

How the brothers are to sleep.

Let all sleep together in one dormitory, as far as possibility permits, girded with cords or belts.

with cords or belts, upon mats or mattresses, or blankets, in no way using linen sheets or linen shirts. Monks are not to sleep in places with boys.

Concerning the enclosure of monasteries.

They are to apply careful and due concern for the enclosure of the monasteries themselves; nor is it permitted for any religious, except certain officials, to go beyond the bounds of the immunity of his cloister without the special permission of his superior. Let all observe the fasts appointed both by the Church and by the rule.

Concerning the divine office.

Monks are to perform the divine office, by day and by night alike, reverently, as is fitting, and distinctly, at the proper hours. When it has been completed, they are to devote themselves to reading or to manual labors, according to the demands of the time and of their duties and under the direction of the rule of blessed Benedict. Books are to be distributed to the brothers at the appointed time. The beds of the brothers are to be inspected from time to time because of particular work.

Concerning holding the daily chapter of faults.

A chapter of faults is to be held daily; in it, after the readings of the martyrology and the rule have first been completed, they are to proceed to the exposition of the rule and to the examination and correction of faults.

Concerning the celebration of masses, confession, and communion of monks.

Let the abbot celebrate or hear mass every day. Monks who are priests and reside in monasteries are to prepare themselves to celebrate at least once each week. Those below the priesthood are to confess at least once each week and receive communion on the first Sunday of each month.

How the brothers are to provide for the sick and for guests.

They are to provide suitably for monks in food, drink, clothing, and other necessities, according to the determination of the rule. Suitable places are also to be assigned in the monasteries themselves, both for the sick and for guests arriving for a time; care and humanity are to be shown to them according to the disposition of the same rule. They are to bring guests to prayer, and a sacred reading is to be read to them for edification, and they are to wash their feet.

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With due moderation, let the highest care be taken that the monasteries not be burdened with unbearable loads of debts; that their goods not be scattered or alienated uselessly and without cause; and that any alienated goods, if there are any, be diligently recovered.

Concerning the preservation of goods and privileges.

Abbots, presidents, or rectors are diligently to defend and preserve the rights of their monasteries. The fruits, revenues, and income of the same monasteries are to be converted to common uses and benefits. Books, vestments, crosses, chalices, and other vessels and ornaments of the treasury, privileges, rights, letters, and the common seals of the convent are to be kept under lock and in safe places.

Rectors of monasteries are ordered to render accounts to their visitors every year.

Prelates or rectors are to give full certification to their visitors, by whom they have been visited, concerning the state of their temporal affairs. But the prelates themselves and each of their officials are also to render a lawful account of their administrations to the convents every year. Abbots are to abstain altogether from superfluous horses, hounds, and birds, from hounds and hunting birds, and from other animals and beasts by which the inner man is defiled; both they themselves and their religious and household are to do so.

It is not permitted for monks to have weapons within the precincts of the monastery, nor for any religious to become co-fathers.

No religious person within the precincts of the monastery is to presume to have weapons, or to contract any co-fatherhood or co-motherhood in any way.

Concerning nuns and their enclosure.

Nevertheless, we will that the foregoing, insofar as it can concern abbesses and nuns, be extended to their monasteries that stand within the limits of your visitation, with perpetual enclosure to be established by you with apostolic authority, according to the decree Periculoso, book 6.

Concerning those who wish to pass from unreformed monasteries to the reform.

Nicholas, by divine mercy cardinal legate of the holy Roman Church, of the title of Saint Peter ad Vincula. To all the faithful of Christ throughout the province of Mainz, etc. Concerning the enclosures of nuns.

Quoniam multorum, etc., section 1. We strictly command and order that no man, of whatever status, dignity, or preeminence, even if he is exempt, under penalty of excommunication latae sententiae, which we pronounce in these writings, shall henceforth, after the execution of this our mandate, presume in any way to enter any monastery of nuns in the city and province of Mainz, unless he has license from the ordinary, or from the person to whom this belongs, according to the provision of common law, and otherwise in cases permitted by law. But if anyone attempts to do the contrary, we will that he, by that very fact and without any further declaration, be avoided by all as excommunicate, both in divine services and outside them; and wherever he may be, for as long as he remains there, the strictest interdict shall be observed in that place.

Likewise, nuns are forbidden to leave their monasteries under penalty of excommunication. Under penalty of excommunication latae sententiae and of interdict, we command each and every nun of the aforesaid monasteries that, after notice of the present letters, they shall by no means presume to leave their monastery, even with permission granted by the abbess and prioress or by any other woman, except as common law permits; nor shall any one of them presume to do so. Rather, we will that anyone doing the contrary be excommunicate, and that the place wherever she may be be under interdict, without any further declaration.

And we command, under a like penalty latae sententiae, all chaplains and priests who have certain knowledge of this to publish that nun as excommunicate and that place where she may be as under interdict.

XLV

Constitutions of the provincial chapters of the Order of Saint Benedict throughout the province of Mainz and the diocese of Bamberg.

Preface.

Since, for one who wishes to know the individual statutes of the order, namely what and of what kind they are that have been issued by our most devout predecessors, the fathers, in provincial chapters, it would be laborious to run through all the acts and recesses of those chapters because of their length; and yet, lest so great a labor impede the pious desire of knowing, since it is also full of tedium for each person to carry with him the larger volumes of the aforesaid recesses when chapters are to be celebrated according to custom, I undertake to gather those same statutes together, abbreviated into one work. And this is the order of this labor: I shall pass over the sanctions of the supreme pontiffs, and also the decrees of general councils made for the celebration of chapters of this sort, so that what must be done or judged in the remaining statutes may be recognized more easily. Then, with as much brevity and diligence as I can, I shall summarize the times, places, and statutes of the individual provincial chapters celebrated in our province from the time of the Council of Constance. I believe this labor will be useful enough for posterity, if they decide to add to these things what must be established. But if it pleases no one, which I rather fear, I nevertheless pray that I be pardoned, since I have sought to satisfy not my own will, but that of the fathers, who desired and requested this.

Innocent III, in the general council. That a provincial chapter is to be held every three years.

In each kingdom or province, preserving the right of the diocesan bishops, a common chapter of abbots and of priors who do not have their own abbots, and who have not been accustomed to celebrate such a chapter, shall be held every three years. All who have no canonical impediment shall come to it at one designated monastery.

with this moderation observed: that none of them bring more than six mounts and eight persons.

In the beginnings of this new practice, however, let them summon two neighboring abbots of the Cistercian Order to provide them suitable counsel and assistance, since through long custom they are more fully instructed in celebrating chapters of this kind. These abbots, without contradiction, shall associate with themselves two from among the others whom they think expedient; and those four shall preside over the whole chapter, so that from this no one of them assumes for himself the authority of a prelate, since, when expedient, it can be changed by prudent deliberation. Let a chapter of this kind be celebrated continuously for several fixed days according to the custom of the Cistercian Order. In it let there be diligent discussion concerning the reform of the order and regular observance. And what shall have been established, with those four approving, shall be inviolably observed, every excuse, contradiction, and appeal removed; nevertheless provision shall be made where the chapter ought to be celebrated at the following term.

And those who have assembled shall lead a common life and pay proportionally all common expenses, so that if not all can stay in the same house, at least several may stay in different houses and eat in the same manner. In the same chapter let religious and circumspect persons also be appointed, who, according to the form prescribed to them, shall strive in our stead to visit each abbey of the same kingdom or province, not only of monks but also of nuns, correcting and reforming whatever they see to need the office of correction and reform. Thus, if they learn that the rector of a place must be entirely removed from administration, let them denounce it to the proper bishop, so that he may see to removing him. If he does not do this, let the visitors refer the matter to the examination of the Apostolic See. We will and command that this same thing be observed for regular canons according to their order.

But if in this new practice any difficulty should arise which cannot be resolved by the aforesaid persons, let it be referred without scandal to the judgment of the Apostolic See, while the other things which have been provided by common deliberation are to be observed without opposition.

Furthermore, diocesan bishops shall take care to reform the monasteries subject to them in such a way that, when the aforesaid visitors come to them, they find in them more that is worthy of commendation than of correction, taking the greatest care that through them the said monasteries are not burdened in due obligations; for we wish the rights of superiors to be observed in such a way that we do not wish injuries to inferiors to be endured.

Moreover, we strictly command both diocesan bishops and the persons who preside over chapters to be celebrated that, by ecclesiastical censure, with appeal removed, they restrain advocates, patrons, vice-lords, rectors, consuls, magnates, knights, or any others, lest they presume to injure monasteries in persons or property. And if perhaps they have injured them, they shall not neglect to compel them to satisfaction, so that the monks may be able to serve God more freely and peacefully.

Clement V, in the Council of Vienne, De statu monachorum, Ne in agro, in the Clementines, last section. For this, there is text in the Clementines, Frequens, De excessibus praelatorum, at the end. The same constitutions confirm this.

What Innocent IV, pope of happy memory, our predecessor, established concerning the condition of these monks, for a fuller cultivation of regular observance, concerning the use of shirts, the renunciation of private property, silence, the eating of meat, and the holding of their chapters every three years, and also concerning any other matters whatsoever: all these things we renew and approve, and expressly will and firmly decree that they be observed.

Benedict XII, in his constitutions: Concerning the penalty of those who do not come to the chapter.

We establish and ordain that in the provincial order or religion of the said black monks, as above, folio 25.

Pope Martin V to the abbots of the province of Mainz and the diocese of Bamberg. If it happens that one of the presidents is absent or refuses to accept his office, let the others, with the counsel of the fathers, choose another.

Inclined by your honorable supplications and the supplications of the city, that in the celebration...

...the celebration of the provincial chapters of your order: if at any time it should happen that one or more of the presidents in those same chapters are unwilling to accept their office, or cannot conveniently be present at them, the other presidents, with the consent of the greater part of those then constituting the chapter, or, if none of the presidents is present, the others assembling for the celebration of the chapter, may appoint other suitable persons as presidents for these occasions only. By apostolic authority, by the tenor of these presents, we grant this.

So also that the aforesaid presidents may change the place chosen for celebrating a chapter of this kind and afterward found inconvenient for certain reasons, and may choose another place nearer to the former one, with postponement, as shall be expedient, of the fixed time for celebrating the chapter: by the same authority we grant this.

Benedict XII, in his constitutions.

Concerning subsidies and collections to be imposed in chapters.

Since in the often-mentioned constitution of the general council, among other things, it is expressed, etc., as above, fol. xxvii.

The same, in the same constitutions. Those coming to the chapters themselves shall have respectable servants with them, and, under penalty of excommunication latae sententiae, they shall beware of stirring up or causing, by themselves or through others, disturbances or impediments to chapters of this kind.

Again, we decree that each and every person coming to the same chapters shall not bring, cause to be brought, or permit mounts or attendants superfluous in number or excessive in any way; rather, we will and command them to be content with a number of mounts and attendants suitable to the status of each of them.

Moreover, those attendants themselves, and others whom they bring, cause to be brought, or keep, shall be humble and respectable, such that it can in no way be presumed that, by themselves or through other secular or regular persons, they would inflict harm upon any abbot, prior, administrator, official, monk, or anyone else coming with them or otherwise to the chapters themselves, or staying at them, or returning from them, or upon churches, monasteries, priories, or their other places...

--- Page 098 --- of whatever preeminence, dignity, status, or condition, who by himself or through another maliciously hinders, or knowingly and deliberately causes to be hindered, the free celebration of the aforesaid chapters; and whoever presumes to seize, or cause to be seized, those going to them, staying in them, or returning from them, or to detain or hinder them once seized, or to inflict losses, injuries, or offenses on them or on their attendants, in their persons or goods, on an occasion of this kind, namely so that the celebration of any of those chapters may be disturbed or impeded; likewise anyone of that order or religion who, under pretext of visitation, maliciously and deliberately commits the aforesaid acts, or any of them, by himself or through another, against the persons of abbots, priors, or other aforesaid superiors visiting their own subjects, or against the persons of visitors appointed in provincial chapters, or appointed by abbots, other prelates, principals, or priors of monks, or against their attendants, or against their goods; and anyone of the aforesaid order who maliciously hinders them in visitations, corrections, or executions of their process, or opposes them stubbornly and perversely, or consents to those doing the aforesaid things, by himself or through another, by procuring prayers, threats, letters, the help of powerful secular persons or laymen, or any other impediments maliciously; and anyone hindering the same order or the religion itself in making lawful contributions.

But the presidents in the aforesaid provincial and annual chapters, and any one of them, when it has been established to them simply and plainly that anyone from those aforesaid has incurred the aforesaid sentence of excommunication, shall solemnly publish that person throughout all nearby places of the same order or religion where it seems good to them, and shall have him published by others on apostolic authority; compelling by ecclesiastical censure, with appeal set aside, those who do not obey them in this matter, until he has made fitting satisfaction and has been absolved by those presidents alone, or by at least two of them, on the aforesaid authority.

XLVIII

From the Council of Constance. When and why the provincial chapter was reestablished, and at what time.

Ancient authority teaches, and experience makes clear, that it is a small thing to establish laws, however renowned, unless they are duly committed to execution. In former times, at various dates, both the general council and Honorius, and also Benedict XII, Roman pontiffs of happy memory, are read to have issued, with much mature deliberation, salutary statutes concerning provincial chapters to be celebrated every three years in this religion and order, and concerning their general chapters to be held every year. These provincial chapters, and also general chapters, are reported to have been put into execution only rarely, and for a long time, in very many regions. From their omission many inconveniences in spiritual and temporal matters, and almost irrecoverable losses, have come upon this religion.

Therefore, since from the celebration of chapters of this kind there are no doubt accustomed to arise the correction of the depraved, the reform of morals, the avoidance of many evils, and the promotion of manifold good, we, who carry in the depths of charity the reform of this sacred religion and order, whose knowledge and veneration the teachings of the fathers display, have resolved to restore what has been omitted in this matter, and especially, before the holy council is dissolved, to appoint new executors of the said constitutions in the regions where the old ones are not being ruled according to their tenors. And now, beginning in the province of Mainz, in which at present we are staying, we will and ordain that the provincial chapter of abbots and priors, or provosts not having their own abbots, dwelling in the said province of Mainz and in the diocese of Bamberg, united to that province in the aforesaid constitutions of Benedict XII, be celebrated in this city of Constance, or in its suburb, namely in the monastery called Petershausen, of the said Order of Saint Benedict, beyond the bridge of this city, where the sacred general council is sitting; and in that council there are many abbots and superiors of this order from various regions, who will be able to provide fitting counsel and assistance in these matters for the aforesaid provincial chapters of the province of Mainz, and to direct them, since by long custom they are more fully informed in holding chapters of this kind.

In the same bull of the aforesaid council all the abbots and prelates of the whole province of Mainz and of the diocese of Bamberg of this order were summoned, so that on the day before the Kalends of March, in the year of the Lord 1417, they should appear in person in the city of Constance, in the monastery of Petershausen, to hold such a provincial chapter. This was in fact done in this way. And from that time up to the present, in the aforesaid province, a chapter has been held every three years according to the constitutions of the supreme pontiffs.

The first provincial chapter was held at Constance in the year of the Lord 1417.

In the year of the Lord 1417, on the last day of February, in the tenth indiction, while the apostolic see was vacant, in the third year of the Council of Constance, the first provincial chapter of our order, of the province of Mainz and the diocese of Bamberg, was held at Constance in the monastery of Petershausen. Presiding in it were the venerable fathers Ludovicus, abbot of the monastery of Tournus in the diocese of Chalon; Thomas, abbot of Ebrach; Sifridus, abbot of Ellwangen in the diocese of Augsburg; and Johannes, abbot of the monastery of St. George in the diocese of Constance.

Concerning the statutes issued in the same chapter.

In this provincial chapter many fathers were present, having been summoned by the general Council of Constance; and those who could not attend in person sent mandates through their proctors. And indeed in the same chapter several statutes for regular observance were issued, which, divided into individual rubrics,

I have inserted in the present pages.

With what reverence and discipline the work of God is to be performed.

Directing the eyes of our mind toward the reform of the order, we ordain that the day office and likewise the night office be celebrated devoutly, slowly, with pauses, not hurried through, not syncopated, and at suitable hours, as is contained in the Rule of our most holy father Benedict. To this, as soon as the signal has been heard, they shall leave everything that is in their hands and hasten together with all speed, yet with gravity, lest frivolity find fuel; and thus nothing is to be preferred to the work of God. And lest they be able to excuse themselves under the pretext of ignorance, saying that the signal was not heard, we will that the course of Matins, which we wish to begin in the middle of the night, and that of Prime and Vespers, last at least more than a quarter of an hour. Whoever does not come to the aforesaid divine office is to be punished without remission, as is contained in the Rule.

Concerning the chapter of faults.

We further will and ordain that each day, in places where there are six monks, and in other places where this is customary, after Prime, if only one Mass is said, but if there are two, after the first of them or at another customary hour, the daily chapter is to be held. In it, concerning regular discipline, after the martyrology and the reading of the Rule, before they proceed to other matters, the faults and excesses of the negligent or delinquent are to be punished.

The ornaments pertaining to divine worship are to be clean.

We will that each abbot or presiding superior, when he comes to his monastery, provide within a month for clean and suitable vessels and for the place where the Eucharist is kept there. And the books, together with the other ornaments concerning the divine office of the monastery, are to be preserved with careful custody.

Because through the propriety of the outward habit...

Concerning the form and propriety of garments and tonsures. g

...of the outward habit, the professed and novices of the said order ought to show uprightness of conduct. We establish and ordain that all shall wear large and broad tonsures, so that the circle of them does not exceed the space or thickness of two transverse fingers; and that they shall dress decently in clothing, habits, and footwear, according to the Clementine constitution Ne in agro and the constitution of Benedict XII, On the Form and Decency of Dress. That is, they shall wear tunics and garments closest to the outer habit of black, brown, or white color, according to the custom usually observed among them: round and ankle-length, not split, nor marked by any other deformity, with wide sleeves extending to the fist, in no way buttoned or tied, yet not so wide that their breadth above the fist can be stretched out with the thumb raised. Nor shall they extend around the elbow-opening, as the abuse of certain persons has it, beyond the point where the arm could easily be turned and inserted.

Let them be content with fur almuces in place of hoods. Yet in proper places where they are accustomed to wear hoods, they may, with the abbot’s permission, use respectable hoods, split over the shoulders for at least the length of four transverse fingers.

They shall not wear sendal for linings in their garments, nor miniver, nor other costly materials; but they shall use lambskins or sheepskins for the said linings, or at least other non-costly cloths. The lining shall not appear in any way above the neck or on the hems of the garments or sleeves.

Concerning the habit of those travelling.

Furthermore, when they must go outside the monastery, they shall wear a frock, cowl, or cloak, and under the cloak, if they wear one, a cowl or scapular.

Concerning the habit of novices.

Novices, however, shall wear a cowl, inside and outside the monastery, fitted on both sides. And lay brothers shall use a scapular with a hood joined to it, closed, inside and outside the monastery.

Concerning the length of garments and the use of the hood of the frock.

We ordain that the breadth of the frocks themselves...

...shall not reach the elbow-opening by the thickness of two transverse fingers, nor may it be narrower or so short that it does not extend as far as the middle of the elbow and of the upper bone near the shoulder-blade. The said hood, however, shall extend behind at least as far as the belt, and may not extend beyond it by more than four fingers. The length of the sleeves shall extend one cubit beyond the hand and no more. Their breadth shall not exceed another cubit and a half. Below, however, it shall be so broad that steps may easily be taken within it. And what has been said about the frock we wish to be understood of the cowl as well, except for the sleeves, since it has none.

Within the monastery, however, in places where there are twelve monks, all shall use the frock, except only the president in the monastery and the first after him, whom we wish always to wear the frock.

Yet during work and the divine office under the alb, and when riding under the cloak, they may wear only the scapular, which we wish to contain a breadth of at least half a cubit.

Likewise, they shall not use linen or hemp shirts, but shall wear either a woolen undergarment or a woolen garment in place of the said shirts. And they shall wear boots or shoes with straps, high enough that their width covers a space of four fingers of the shin above the ankle.

Monks living in common shall abstain from eating meat when healthy.

The brothers shall live in common and eat in the refectory, in which no one at all shall eat meat. And the visitors shall be diligent to see that the constitution of Pope Benedict XII on the eating of and abstinence from meats is inviolably observed. Sacred reading shall not be lacking at the table of the brothers while they eat; and the one who is to read for the whole week shall enter on Sunday with a blessing, as is contained in chapter 38 of the Rule.

All shall sleep in one dormitory, in partitioned cells...

Let each monk sleep clothed in a separate bed, in the same place, if this can be done, or at least in groups of ten or twenty.

But they are not to sleep in private rooms, especially if these have not been suitably latticed, so that the bedding in them can be properly and clearly seen, according to the manner of conversion and according to the abbot’s disposition. And those who have feather mattresses are not to use them.

But if private rooms are found in the dormitory, we command that they be destroyed by the visitors, or by their order, or at least suitably latticed. In what places and at what times silence is to be kept, let it be commanded according to the Rule. We further will that silence be observed at all times in the oratory, dormitory, refectory, and cloister; nor after Compline may anyone speak at all, except as is contained in the Rule. But before the said Compline, let the Collations of the Fathers, or some other edifying work, be read concerning the conference.

Concerning the porter of the monastery. At the gate of each monastery one porter or doorkeeper, provident and discreet, is to be appointed, lest without the permission of the abbot or another presiding officer in the monastery there be granted freedom to leave it. But if anyone goes out without such permission, let him be subjected to the penalties of the constitution of Benedict XII concerning permission not to be given for going outside the monastery without reasonable cause.

The porter is also to be attentive that he permit women in no way to enter. But concerning a sufficient master of novices in the monastery: we ordain that abbots shall place in their monasteries sufficient masters, who shall introduce their novices into the elementary sciences; and, once introduced, they shall send them to the general studies, assigning them a pension according to the form of the statutes of the aforesaid Benedict, Pope XII.

Let an inventory be made at the assumption of each abbacy by each abbot, as is contained in the Benedictina. And so that the condition of the aforesaid monasteries may be known, we command, in virtue of holy obedience and under penalty of excommunication to be imposed by the visitors, that every abbot be bound to hand over to the visitors in writing, distinctly, the ancient and modern condition of his monastery.

Concerning grants and leases to farm, and concerning sales and loans. Let the places of the aforesaid order not be leased to farm unless the Benedictina has first been consulted, concerning places not to be leased to farm; and we will that it be firmly observed. We also will that, when loans must be made under urgent necessity, the constitution concerning loans and sales shall likewise be considered, and likewise observed.

Let there be maintained in the monasteries as many monks as can be suitably supported. We will and ordain that the anciently established number of monks be maintained, if resources suffice for it; but if not, then as many as can suitably be maintained. Nor may anyone defend himself in any way by privilege or custom, which should rather be called corrupt usage, by which they say that they ought to receive no one unless he is noble, especially if they do not have nobles who may be received or who wish to enter the aforesaid monasteries; but if such are found, other things being equal, let them be preferred.

Necessaries are not to be supplied to monks in money. Food and other necessaries to be supplied to monks are in no way to be supplied in money or revenues, notwithstanding any constitution or ordinance whatsoever. And in this matter let the constitution of the aforesaid Benedict, beginning Ne vicarii in pecunia, be observed. But we will that the aforesaid religious be supplied with the said food and clothing in the three ways ordained in the Benedictina, De censibus et redditibus solvendis, chapter 21.

Concerning nuns. The things that have been said concerning monasteries of men we will likewise to be observed in monasteries of nuns, as to the articles pertaining to them; nevertheless willing and ordaining that they be held under perpetual enclosure, as is contained in the constitution of Boniface that begins Periculoso, De statu monachorum, book 6. We command the visitors in virtue of holy obedience, as above, diligently...

...after exact diligence, they are to see to it and apply it.

Visitors and those coming to the provincial chapter shall not have more than twelve mounts. We further will that no visitor shall dare to bring more than twelve mounts with him; and we will the same to be observed regarding those coming to the chapter. But if they do the contrary, they shall be bound to pay as much as they have spent in excess, to be deposited within a month in the common chest for the use of the aforesaid chapter. If they do not do this, they are to be condemned by the presidents in the next chapter to double the amount to be assessed, with no remission to avail them in this matter.

Concerning the appointment of presidents, if any one of them should happen to die before the chapter to be celebrated in the future.

We therefore refrain from naming the presidents for the chapter to be celebrated, so that if any one or more of them should happen to close his last day, his successor in the dignity of the abbacy shall likewise succeed to the presidency. We will the same to be understood concerning the preacher, the one who is to celebrate Mass, and each of the visitors of the whole aforesaid province and diocese.

Mendicants are not to be received into our order without apostolic authority or sufficient license.

It has come to our hearing that certain abbots, or other presidents in monasteries of the said order, have received and incorporated mendicants as monks, even without the license of their superiors; and, what is worse, afterward permit them to wander, to the detriment of their souls and to the scandal of very many. We forbid them to presume such things hereafter. Those whom they have already received they shall be bound, as soon as they can, either to have under apostolic authority or sufficient license, and others wandering outside the monasteries they shall recall to the monastery, at least within a year; otherwise, if they do not exercise diligence in this matter, they shall incur sentences of suspension.

That these statutes be published to all subject to the provincial chapter, and twice a year together with the constitutions of Benedict XII.

But that the aforesaid statutes may be better observed throughout all places of the order in the province and dioceses aforesaid, we ordain that within a year, or at least a month before the future chapter, every abbot shall be bound to hold and complete a general chapter, if he has any subjects outside his own monastery, in which the aforesaid statutes are to be published. We nevertheless will them to be read distinctly twice a year in the daily chapter, so that no one may be able to put forward the excuse of ignorance, together with the constitution of Benedict.

The second chapter was held at Mainz among the Augustinians, in the year of the Lord 1418.

In the year of the Lord 1418, in the eleventh indiction, on the first day of the month of September, in the pontificate of the lord Martin, pope, the fifth of that name, the second provincial chapter of Mainz was held in the monastery of the brothers, hermits of Saint Augustine; for it could not be held at Saint Alban's, where it had been appointed the preceding year, because of the transfer from the order that was then being carried out. In it the venerable fathers and lords, the abbots of Fulda, Kempten, Saint Ulrich at Augsburg, and Reinhardsbrunn, presided.

Concerning the statutes.

In this second provincial chapter few new statutes were issued among those issued in it; but all and each of the old statutes of the preceding chapter were approved and repeated word for word. It is not necessary to set them down here again, since they have once been set down above. Nevertheless, after these I shall briefly mention those things that were not noted or established above. For I judge that the new material should come first in this place.

Concerning the spoils of benefices.

We further ordain that abbots and others to whom, by custom, statute, or privilege, it belongs to receive the spoils of benefices subject to them shall, when receiving them, observe constitution 11. But if they exceed in this matter, they are to be gravely punished by the visitors, even apart from the penalties contained in that constitution, which the visitors may impose.

Concerning the statutes of the preceding chapter, repeated here.

Finally, as I said before, all the statutes issued in the preceding chapter were here renewed and repeated word for word, namely: [unclear] that the divine office is to be performed, and that at their proper times the monks are to confess, celebrate, and receive communion. Likewise, that the chapter of faults is to be observed daily. Likewise, that sacred relics, ornaments, and vessels pertaining to divine worship are to be kept clean. On the form and propriety of clothing, and on the habit of those travelling and of novices. On the common life of monks, and that they are to eat together in the refectory, where sacred reading must never be lacking for those eating. Where monks are to sleep: each in a separate bed, as above. On the silence to be observed in the four regular places. Likewise, on the porter. On the collation before compline. On having a sufficient master of novices in every monastery. And that the places of the order are not to be leased out. Likewise, on inventories to be made at the appointment of a new abbot of any monastery. And that the required number of monks is to be maintained in every monastery. That provisions are not to be supplied to monks in money. On nuns, as to the articles concerning them. Likewise, that visitors coming to the chapter are not to bring more than twelve mounts with them. That mendicants are not to be received into our order without apostolic authority or sufficient license. And that the statutes of the present chapter are to be published and read in every way expressed above.

And all the other statutes above were inserted word for word into this record.

How prelates should correct their subjects.

Finally, in the bowels of Jesus Christ, and under the adjuration of his strict and final judgment, we exhort and beseech all and every abbot, provost, dean, conventual prior, and cloister prior of the said order, that each of them so correct, amend, and reform his subjects and monasteries, and bring their conduct into regular discipline, that when the visitors come to their monasteries for the purpose of visitation, they may find rather what edifies them than anything that stands in need of correction.

The third provincial chapter was celebrated at Fulda, in the diocese of Wurzburg, in the year 1420.

In the year of the Lord 1420, in the thirteenth indiction, in the third year of the pontificate of lord Martin, pope the fifth, on the fifth day of the month of May, the third provincial chapter was celebrated in the monastery of Saint Boniface at Fulda. At it presided the venerable fathers Lambert, abbot of Mons Monachorum near Bamberg, Frederick, abbot of Hirsau, and Henry, abbot of the monastery of Saint Godehard in Hildesheim.

On its statutes.

In this chapter also, many statutes that had been issued in the first chapter celebrated at Constance were repeated and inserted word for word, as they are given above. In it it was ordained that visitors must not have more than six mounts, unless necessity requires otherwise; and whatever they have beyond that must be assigned to the use of the chapter.

On the discipline of praying.

For the reform of the order. First, we ordain and decree that both the day and night office be celebrated devoutly, deliberately, and with pauses, without rushing through, without syncopating, and without one person anticipating another, and at the appropriate hours, as is contained in the Rule of our most blessed father Benedict. For this, as soon as the signal has been heard, all are to leave whatever is in their hands and come together with the greatest haste, yet with gravity, lest frivolity find occasion. And lest under the pretext of ignorance, etc., as is contained above in the first chapter. Thus nothing is to be preferred to the work of God, for cursed is the man who does the work of God negligently.

On the establishment of monks.

But lest anyone be able to excuse himself from celebrating divine offices of this kind because of a lack of persons, we wish that in each monastery as many monks be maintained and received as can conveniently be supported without want from its goods and revenues.

That monks are not to be received for a price or simoniacally.

We most strictly forbid anyone who hereafter wishes to enter this religious order to promise any money for his reception, either by himself or through others, or otherwise to pledge that he will give anything, except those things that are offered at the altar by parents of their free will, without any agreement with the boy. And those received in this way, when the year of probation has elapsed, shall promise to live according to the Rule of Saint Benedict, and to fulfill and observe it according to the tenor of the vow of profession and promise.

On the celebration of Masses.

On the daily chapter of faults.

Furthermore, we will that, in accordance with the constitution of Pope Benedict XII, the daily chapter be observed, in which discipline and regular correction are to be treated; and there too they are to carry out all things just as the aforesaid Pope Benedict established.

That collapsed conventual buildings be repaired.

We also will, and most strictly command by virtue of holy obedience, that in monasteries in which perhaps refectories, infirmaries, or dormitories have collapsed or otherwise been destroyed, they be repaired; and those negligent persons to whom such repair belongs are to be gravely punished by the visitors.

That women not have entry into monasteries of monks.

We altogether forbid entry to the monasteries, choirs, and cloisters to the female sex, commanding that all doors of those monasteries of the said order be closed as the visitors shall have arranged.

We likewise establish concerning the same matter that in monasteries, or within their precincts, in the houses in which monks live, no one shall presume to keep women, even if they are mothers or sisters. Those who do the contrary are to be duly punished according to the fault.

That mendicants not be received into our order, and that those already received who wander be recalled to their monasteries.

We forbid mendicants hereafter to be received into our order; and those already received are to be recalled to their cloisters and instructed and reformed according to the Rule and the statutes of our order.

On the cloister prior.

We will and strictly command, by virtue of holy obedience, that in each monastery there be appointed a provident and discreet prior, as suitable a man as can be found in the congregation of the monastery. Let him be such a man as is capable in work and useful in speech, able to exercise care of the cloister and governance in spiritual matters, who diligently observes all the aforesaid articles insofar as they concern him, causes them to be observed by all, and has vigilant and faithful care in spiritual matters concerning the discipline of the choir, dormitory, refectory, and the other things as described above. And if difficulty arises in any matter, let him refer it to the abbot, who is to examine and judge it.

On baths.

Because the use of baths is sometimes necessary for monks, we will that every abbot, or the one to whom it belongs by office, shall make and build a bathhouse in his monastery, so that the way of wandering away may be closed off to the monks.

On conspiracies, games of dice, and betrayals of the secrets of chapter.

Furthermore, we forbid all conspiracies against abbots and also against private persons, defamations of brothers, every betrayal of a secret of chapter or council, and every game of dice, knucklebones, chess, and other games and disorders by whatever name they are called.

That monks not become godfathers.

Furthermore, according to the ancient decrees of the holy fathers, we establish and forbid monks to become godfathers, as in De consecratione, distinction 4, Non licet abbati, and chapter 16, question 1, Placuit communi.

That the ornaments and books of divine worship be kept clean.

Furthermore, with this sacred chapter approving, it has been decreed and established that churches, oratories, altars, vessels, corporals, vestments, and other ecclesiastical ornaments be kept clean and bright. And provision is to be made in every way for breviaries, missals, and other books, vestments, chalices, and any ornaments necessary for divine worship.

On the quality of garments.

Those things that have been written and defined concerning the quality and quantity of habit, clothing, and footwear in the chapters celebrated at Constance and Mainz, we will to be observed inviolably by all.

Concerning monks living in common and sleeping in one place.

We will that the brothers live in common according to the Rule, and likewise eat together in one refectory, in which no one at all shall eat meat. They shall maintain an infirmary according to the Rule and the abbot's disposition. All private little houses, moreover, shall be destroyed at the abbot's command, or assigned to some offices for the utility of the monastery. All shall sleep in one dormitory, in screened chambers, each in separate beds, according to the abbot's disposition.

Concerning the other statutes of the preceding chapters repeated in this chapter.

Furthermore, the constitutions and statutes decreed in the previous chapters were repeated precisely, word for word, in this one, as they are set forth above: namely, concerning the divine office; concerning the ringing for matins, prime, and vespers; likewise, that monasteries and conventual places that have fallen down and been destroyed be restored; and that a prudent old man be placed at the gate of each monastery. Likewise, that abbots and the other officials of monasteries make to the visitors a full and faithful accounting of receipts and expenditures. Likewise, that silence be kept most strictly in the four conventual places belonging to them. And that, concerning loans, leases, spoils, fiefs, and those to be sent to studies, and also concerning the preservation of the Eucharist and relics, the Benedictine constitution be observed. And that each abbot publish all the statutes of the present chapter to his subjects and cause them to be observed, and the other matters which are contained above in the first chapter.

The matters stated concerning nuns.

What has been said concerning monasteries of men we will also to be understood concerning monasteries of nuns, so far as concerns the articles applicable to them; and we command that they also remain under perpetual enclosure.

Concerning the observance of the mandates.

We will, ordain, and command that all these our mandates written above be observed inviolably by all who are subject to our chapter, as each matter concerns each person. Nor by this do we restrict the statutes of our order or of the preceding chapters; rather, we will that they likewise be diligently and firmly fulfilled and observed by all, without any contradiction. Therefore let the visitors provide that all and each of the things mentioned above be diligently observed, as they are bound to render account on the day of their death and of the last judgment.

The fourth provincial chapter was celebrated in Selgenstadt in the year of the Lord 1422.

In the year of the Lord 1422, in the fifteenth indiction, on the third day of the month of May, in the fifth year of Pope Martin V, the fourth provincial chapter was celebrated in the monastery of Saints Marcellinus and Peter, martyrs, in Selgenstadt. In it sat the venerable fathers Albertus Hirsfeldensis, Georgius Castellensis, and Theodericus Amerbacensis, abbots of monasteries.

Concerning the statutes of this chapter.

Before reviewing the statutes issued in this sacred chapter, it is fitting briefly to set first those things decreed in previous chapters which were inserted here word for word by way of review. For the repetition of statutes inserted so often serves this purpose: that the more chapters in which something has been decreed, the greater authority it has.

First, this sacred assembly of fathers repeated the statute of the first chapter concerning deceased presidents: that one who succeeds someone in an abbacy also succeeds him in the presidency.

Likewise, that the visitors shall not bring more than six mounts with them, under the penalty contained above.

Likewise, concerning the ringing for matins, prime, and vespers, to be done for the space of one quarter of an hour, as above, c. 1.

And that the chapter of faults be kept daily, as in the same place.

Likewise, that the brothers live in common and eat in one refectory, in which no one shall eat meat.

That all shall sleep in

LVI

one locked dormitory, with enclosed chambers and individual beds. Private little dwellings are to be destroyed; the conventual places also that have fallen into ruin are to be restored. Likewise, provisions are not to be supplied to monks in money. And concerning a prudent old porter. Likewise, monks are not to be received for a price. Women are not to enter the cloister of men. And abbots and each of the officials are to render an account to their visitors. And silence is to be observed at its proper times by all and in all places. And concerning nuns, as above. And the other things issued in the preceding chapters were also here enacted as though newly decreed.

Concerning the claustral prior, what sort he ought to be.

This sacred chapter has decreed that a prudent and discreet prior be appointed in every monastery, as the more suitable one can be found in the congregation, who is capable in deed and speech, diligent concerning regular discipline, and observes the articles of the order that concern him or the brothers. But if he is found to be a transgressor of the aforesaid matters, or blameworthy in anything, let him be admonished once and again. If he does not amend, let him be removed by the abbot from the office of the priorate, and let another who is suitable be substituted in his place. This must be understood not only of the prior, but also of all officials of the monastery.

The lord presidents, visitors, and treasurers are to come before the day of the chapter.

We further enact and ordain that the presidents of the chapter, both past and future, shall henceforth come before the appointed day, together with the treasurers and visitors: so that the treasurers are there on the penultimate Saturday before the Sunday on which the chapter is to be held; the presidents, however, on the Monday preceding that Sunday; and the visitors on the following Tuesday, so that they may make a timely report to the presidents concerning their visitations. Therefore these same presidents and treasurers also are ordered, as has been said, to come before the day on which the chapter is to be held, so that they may inform one another about each matter and render account to the new presidents and to the chapter concerning receipts and expenditures. This statute had also been issued in the earlier chapters, namely in the first and the following ones.

Concerning visitors.

We further decree and ordain that the visitors appointed in chapter, immediately after the chapter has been held, if it can conveniently be done, or as soon as possible, shall begin and complete the act of their visitation, having God alone before their eyes. We also will that these visitors, appointed and to be appointed, should not omit to visit also the monasteries of nuns in the dioceses in which they are to conduct visitation.

Concerning the penalty of visitors who neglect to visit at the proper time.

If the visitors neglect to visit within the time appointed for them, namely within the year, they shall pay the penalty, as do those who come to the chapter neither in person nor through suitable proctors, namely thirty Rhenish florins, saving moderation and just assessment at the discretion of the presidents in the provincial chapter.

Concerning the procurations of the visitors.

We also command and will that every abbot and convent, when their visitors have come to them for the purpose of visitation, shall satisfy them within three days with the sum of three Rhenish florins.

Concerning the confessions of monks.

We prohibit and forbid all monks, conversi, and brothers subject to us that anyone henceforth should dare to confess to anyone, inside or outside the monastery, without the permission of his superior.

Concerning the celebration of masses.

As for celebrations, let them observe those things that are contained in the constitutions of lord Pope Benedict XII and in the statutes of the preceding chapters. We also perpetually forbid monks to become godfathers, and forbid them every game and dishonorable exercise.

Concerning habit, clothing, and footwear; concerning inventories and accounts to be made to the visitors.

We will and ordain that, concerning habit, clothing, footwear, inventories, and accounts to be made, those things be observed inviolably which are found decreed on these matters in the preceding chapters, see chapter 1, 2, 2. Concerning ha-

Concerning the habit of those riding or walking on a journey.

We have decreed that it be ordered in this way: namely, that the outer habit shall be a mantle hanging down to the middle of the calves, cut with one opening on each side; and beneath it a scapular, which shall exceed the mantle by the length of three transverse fingers, and whose appendage shall appear outside. Because of the fear of excommunication laid upon such persons, those who conceal or alter the habit without reasonable cause [unclear].

Privileges of the monasteries. Concerning the custody of privileges.

We command that privileges and the other jewels, relics, and treasures be preserved under faithful custody and firm enclosure.

Concerning conspiracy and defamation.

We strictly forbid every conspiracy against abbots and other prelates and rectors, as well as against private persons; also defamation of abbots and brothers, and every betrayal of the secret of the chapter. We command that transgressors of such things be corrected by their superiors, so that the others may take fear.

That beggars are henceforth not to be received into our order.

We also forbid, in virtue of holy obedience, all prelates subject to our chapter to receive beggars henceforth into our order. Those, however, who have already been received and wander here and there shall be recalled as quickly as possible to their monasteries.

Concerning deceased brothers.

“Mercy alone is the companion of the dead.” We establish and ordain concerning the dead that each abbot, or their proctors, shall henceforth bring and present in each chapter brief notices of the names of deceased brothers, and of the days of their deaths, who have died between the chapter already celebrated and the chapter to be celebrated, so that prayers and suffrages may be made for them. And this is the form of the brief: “Such-and-such a priest or levite, etc., died on such a day in such a place,” etc.

Concerning nuns.

Those things that have been said concerning monasteries of men we will also to be inviolably observed in monasteries of nuns, insofar as they pertain to the articles applicable to them.

Concerning the general chapter and the publication of the statutes.

The statute concerning the publication of the processes of the whole present chapter and of the statutes of this chapter, often set down above, and concerning the general chapter to be observed within the year, is here again set down and renewed in all respects as above, chapter 1, at the end, where it may be read.

Conclusion.

Many other things also were here established, ordained, and treated, which partly are contained above and partly, as less necessary, I have passed over; but all are contained in the book of recesses.

The fifth provincial chapter was celebrated at Saint Stephen’s in Würzburg, in the year of the Lord 1424.

In the year of the Lord 1424, in the second indiction, on the fourteenth day of the month of May, which was Jubilate Sunday, in the seventh year of the pontificate of the lord Pope Martin V, the fifth provincial chapter was celebrated in the monastery of Saint Stephen at Würzburg. In it there presided the venerable fathers Balduin in Lüneburg, Theoderic in Northeim, Appello in Sülzheim, and Helfric of Saint John’s in Rheingau, abbots of monasteries.

Concerning the old statutes.

In this chapter almost all the statutes of the preceding chapters were approved and inserted into the recess word for word, though a few things were added; of these I have taken care briefly to mark some here, for greater authority.

First, the ordinances concerning the divine office; concerning ringing; concerning the chapter of faults to be observed daily; concerning the creation of monks; that monks are not to be received for a price; concerning the celebration of masses; concerning the common life of all the brothers; that provisions are not to be given in money; concerning the dormitory; concerning silence; concerning collapsed places to be reformed; concerning the account to be made to the visitors; concerning the old porter; concerning the propriety of vestments; concerning conspiracies; concerning games; concerning beggars not to be received into the order; concerning the publication of the statutes; concerning nuns; concerning visitors.

that they are not to bring more than six mounts with them. Concerning the penalty for visitors who neglect to visit within the year. And many other things that are set out above and are contained in the book of recesses of the chapters. Now let us append the particular statutes of this chapter.

Those being visited are to guard diligently the goods and horses of the visitors.

Furthermore, when the visitors, for the sake of carrying out visitation, come to some monastery, the abbot and convent of that monastery are immediately to see that the horses, property, and goods of the visitors are guarded with the greatest diligence. But if anything from their property, goods, or horses should happen to be lost or stolen, the abbot and convent of that place themselves, without any contradiction, are to pay the value of the lost goods or property to the visitors without delay; and nevertheless, for such negligence, they are to be punished in chapter at the discretion of the presidents.

If the visitors should happen to be robbed while on the way in carrying out their office.

If, however, which God forbid, the visitors, while on the way to carry out visitation, should be robbed or suffer damage in any respect, the provincial chapter shall compensate them for such loss as is fitting.

Concerning safe conduct for the visitors.

It was further decreed that every abbot who is to be visited shall provide the visitors, according to his ability, safe conduct as far as another monastery to be visited, if he has been asked by the visitors.

No one is to be procurator for more than three.

We also forbid anyone to be procurator for more than three. But if anyone has presumed to be procurator for more, that procuration of his is not to be admitted.

If any convent wishes to send letters to the chapter.

It pleased all those resident in the chapter that, if any convent or monastery of our province has a need to come to the provincial chapter itself, for whatever reason, it should choose from among itself one or two suitable and faithful men, and no more, to present the matter of its delegation diligently. But if they have presumed to send three, let them be punished by their superiors as disobedient.

Concerning the chest and the custodians of the chest.

It was further decreed that, for the common use of the chapter, a chest is to be kept at Nuremberg in the monastery of Saint Giles of the Order of Saint Benedict. From there treasurers are to be designated.

Concerning the mortuary briefs.

We further decree that individual abbots, or their procurators, when they come to any provincial chapter to be held in the future, are to bring with them briefs containing the names of the deceased brothers of their monasteries who have died between the chapter already held and the chapter to be held, so that they may be commended to the prayers of the fathers.

This concludes the fifth chapter.

Many other things were repeated and decreed in the present chapter which have not been set out here item by item, because they are already contained above once in the same words, and it would be tedious to repeat the same things so often in writing.

The sixth provincial chapter was held at Saint Peter’s in Erfurt in the year of the Lord 1426.

In the year of the Lord 1426, in the fourth indiction, in the ninth year of the pontificate of Pope Martin V, on the twenty-first day of the month of April, which was Jubilate Sunday, the sixth provincial chapter was held in the monastery of Saint Peter in Erfurt. In it these venerable fathers presided: the lord abbots Johannes in Vrauwe, Heinrich of Saint Giles in Brunswick, Georg of Saint Giles in Nuremberg, and Nikolaus in Bretzenhausen.

The old statutes are first commended by common consent of all.

First, we approve, ratify, and renew all and each of the statutes issued in the past chapters, and we will them to have force as expressly confirmed, just as if they had been inserted here.

Sentences of excommunication and censures are here removed.

It pleased the lord presidents and all those resident in the chapter to remove and relax the sentences of excommunication and the censures issued in past chapters, lest they produce a snare for souls. Therefore they said: The penalties and sentences of excommunication, suspension, and interdict pronounced by the presidents in past chapters, lest they bring forth a snare for souls, are removed in the name of God.

we remove, relax, and revoke, and those bound or tied by the same, insofar as lies within us, we absolve in the name of God by apostolic authority through these presents; all statutes, however, remaining safe and continuing in their force.

Concerning the proctors of absentees also. Further, we moderate and mitigate the statute of the fifth chapter, which provides that no one may be proctor for more than three, decreeing that some religious person otherwise suitable may be proctor for four or even five abbots in cases of great necessity.

Let the visitors first reform themselves and their own, and only then visit others. Those appointed by the provincial chapter shall first and before all else visit and reform themselves, their monasteries, and those subject to them, lest, when they direct their eyes to the reformation of others, the sick too should murmur and say, “Physician, heal yourself.” Therefore let them begin first with themselves, and thus confidently visit and reform the monasteries entrusted to them, both of monks and of nuns.

It was further decreed concerning the report of the visitors to the presidents that the visitors, after completing the office of their visitation, shall make a faithful report in chapter to the lord presidents concerning the state of all the monasteries visited by them, both in spiritual and in temporal matters.

An oath is not to be extorted from those being visited. It also pleased us that, without demanding an oath to tell the truth, after first setting forth the word of God, the visitors themselves shall begin and complete their act according to the form prescribed for them in the sacred canons.

Likewise concerning the form of visitation. We also will and ordain that the visitors shall effectively reform, as far as they can, each and every monastery of either sex to be visited by them before they withdraw from the place being visited, according to the rule of our most blessed father Benedict, especially in the three essentials, which are obedience, continence, and poverty, without which no religious life can stand. And where they do not find sound disciplines and ceremonies, they shall establish new ones according to the canonical sanctions and the statutes of the fathers and chapters, which those visited shall be bound to observe without any contradiction.

Concerning the three essentials. We command all and each of the prelates of our province and those subject to the chapter that each of them, immediately after the notification of the present decrees, shall strive in his monastery to correct and reform himself and his monks according to the Rule of Saint Benedict, the canonical sanctions, and the statutes of the provincial chapter and of the order, especially in the three essentials, obedience, continence, and poverty; in eating and abstinence from meat; in divine worship and the other monastic disciplines, as far as he can, fearing that terrible and true sentence of our blessed father: let the abbot know that whatever the householder can find of less usefulness in the sheep falls under the fault of the shepherd.

The seventh provincial chapter was celebrated at the Monks’ Mount near Bamberg, in the year of the Lord 1429.

In the year of the Lord 1429, in the seventh indiction, in the twelfth year of the pontificate of lord Martin, pope the fifth, on the tenth day of the month of April, which was the Sunday Misericordia Domini, our seventh provincial chapter was celebrated in the monastery of Saint Michael of the Monks’ Mount near Bamberg. In it the venerable fathers, the lord abbots Georgius in the castle of Saint Peter at Erfurt, Heinrich of Saint Giles at Nuremberg, and Hugo in Alpirsbach, presided.

Concerning the approved statutes of the ancients. First, we approve and renew the old statutes, and we wish all of them, insofar as they were duly and lawfully issued, to be observed inviolably by those subject to our chapter.

That those coming to the provincial chapter shall live communally during those three days. The sacred chapter further decreed that those coming to celebrate the provincial chapter in future times, according to the constitution of blessed memory

... of Innocent III, pope, in Extra, De statu monachorum, chapter In singulis, they shall live the common life and be refreshed together throughout that three-day period. And only two dishes of fish are to be served, one of eggs or fried foods, and two good soups, with cheese added, and some fruits if they can be had.

Concerning lords.

By the authority of the presidents we establish and ordain, with all the fathers present consenting, that each of the presidents shall have full power and authority, acting jointly and severally, to carry out execution and to proceed, according to the tenor of the Benedictine constitutions, against each and every person of either sex who opposes those visiting them, or does not admit them, or impedes them, or otherwise hinders them in any way; and also against those who offend monasteries in persons or goods in any way. And that they shall compel visitors to exact on behalf of the chapter, in accordance with the Benedictina, from the monasteries visited the contribution or the penalties for contumacy from abbots who have neglected to come to the chapter.

Visitors. Concerning the time for completing visitation.

The visitors shall faithfully complete within the year the office of visitation enjoined upon them, and shall make a report about it to the lord presidents as quickly as they can. Rebels are to be denounced by the visitors to one of the presidents.

It was decreed that, if any persons resist the visitors, they are to be denounced to the nearer president, so that by apostolic authority he may proceed against such rebels, and also against those who do not obey the visitors, by ecclesiastical censure according to the measure of their faults and rebellion.

Concerning certain statutes placed in the preceding chapter, which in this one were repeated word for word.

In the next preceding chapter certain statutes were issued, which in this one also were precisely repeated and inserted word for word into the recess, namely: that the visitors should first take care to reform themselves and their own; likewise that, after the word of God has been set forth, they should proceed without exacting an oath; and concerning the full reform to be introduced by them. Likewise, the mandate made to the prelates concerning the reform of themselves and their own. All these are found in the preceding chapter.

The eighth provincial chapter was celebrated at Saint Ulrich’s in Augsburg, in the year of the Lord 1432.

In the year of the Lord 1432, in the tenth indiction, in the second year of the pontificate of lord Eugene IV, pope, on the eleventh day of the month of May, which was Jubilate Sunday, the eighth provincial chapter was celebrated in the monastery of Saints Ulrich and Afra in the city of Augsburg. In it the venerable fathers presided: the lord abbots Ortwin of Saint Peter’s at Erfurt, Johannes in Stein, of the diocese of Constance, and Heinrich in Amorbach, of Mainz. In this chapter provision was made concerning persons to be sent for study.

The old statutes.

First, with common consent, they renew and approve what had been approved. We approve, ratify, and renew each and all the statutes issued in the preceding chapters, and we wish them to be inviolably observed by all subject to our chapter, so far as each one is concerned. These statutes, set down several times above, were here again set down.

Finally, in this chapter almost all the statutes of the two immediately preceding chapters were repeated in the same words and inserted into the recess. Therefore, to avoid tedium, it is enough to note them briefly. First, the statute that the fathers coming to the chapter should live together in the refectory throughout those three days, and concerning the number of dishes, as above, chapter 7. Likewise, the statute concerning visitors, that they should first reform themselves and their own; and that, beginning from the word of God, they should fulfill their office without exacting an oath, as above, chapters 6 and 7. A mandate was also given to the abbots that they should take care to reform themselves and their own in three especially substantial matters, concerning abstinence from meats and the other matters issued above in chapters 6 and 7; they are similarly set down here. A statute, moreover, concerning the authority of the lord presidents, as above, chapters 6 and 7, is similarly set down here in the same words.

Concerning the time of visitation.

Moreover, we command these visitors themselves, and under penalty of a sentence of excommunication to be imposed we enjoin, that within the year they shall faithfully and effectively complete the office of visitation enjoined upon them, and shall make a report to the nearer president as quickly as they can.

That mendicants are not to be received into the order.

We forbid all abbots and prelates of our chapter, under penalty of excommunication, to receive anyone from the order of mendicants into obedience; and those already received, who are wandering about, they are to bring back to their monasteries as quickly as possible, as in chapters 2 and 3, and as has often been established in many other places.

Concerning fugitive monks.

Under the same penalty of excommunication we command all abbots and prelates subject to our provincial chapter to gather back their fugitive monks; nor henceforth are they to give anyone permission to stay in parishes or to govern them, unless those parishes are annexed to the monasteries.

What sort of persons abbots ought to be toward their subjects.

Just as the madness of wolves must be driven off by the barking of dogs and the shepherds’ staff, we command all abbots subject to the chapter of our province that, following the example of the good shepherd, Jesus Christ, whose place they are seen to hold in the monasteries, they should kindly foster and prudently defend their monks and subjects, not lording it over the clergy, but becoming an example to the flock.

LXI

In the year of the Lord 1435, in the tenth indiction, in the fifth year of the pontificate of lord Pope Eugenius IV, on the twenty-sixth day of the month of June, which was the Sunday after the Nativity of blessed John the Baptist, the ninth provincial chapter was held in the monastery of the Friars Preachers in Basel, for at that time the general council was being held there. Presiding in it were the venerable fathers and lords, the abbots Ortwin of St. Peter’s at Erfurt, Fridericus of St. Mark’s in Reichenau, Iohannes of St. George’s in Stein, and Heinricus in Faucibus, of the dioceses of Mainz, Constance, and Augsburg.

On the statutes of the earlier chapters.

First, we approve and commend the statutes of the other chapters, and we wish them, as expressed here, to be observed by all.

The statutes of the preceding chapters are repeated here.

In this chapter of the fathers, nearly all the statutes issued in the three preceding chapters were again repeated word for word: first, namely, the statute on those coming to chapter with communal life, and on the number of courses, in the same place, chapters 6, 7, and 8, as it has been set out above exactly. And there it was ordained that the treasurers themselves must provide for the refreshment during the three days of the provincial chapter. Likewise, on the power of the presiding lords, that each of them should have authority jointly and severally to proceed against rebels. On the visitors also, under penalty of excommunication imposed on them, that they faithfully complete their office within the year and make a report as soon as possible to one of the nearer presidents. And that they first visit and reform themselves and their own, and only then proceed to the reform of others. Likewise, that henceforth they are not to receive mendicants into our order, under penalty of excommunication, as above. Under the same penalty it was decreed, as above, that abbots are to seek out their fugitives and are not to give anyone permission to dwell or rule in parishes unless as is permitted above, chapters 7 and 8. Likewise, the statute was repeated as above concerning fugitive monks not to be received to obedience without letters of recommendation. All these things, which I have briefly reviewed, as they stand above in their form word for word, were again issued and enacted as though new.

On the penalty for the contumacious.

It was further decreed that the presidents, and each of them, should compel abbots and others who have not come to chapter in person nor sent lawful procurators with a sufficient mandate to pay double, and also to pay the contributions imposed by the chapter, by ecclesiastical censures according to constitution 12, with appeal removed.

We also command all visitors appointed and to be appointed that, in each monastery which they have visited, they leave a recess or charter of visitation.

On the observance of precepts.

We command all and each of the statutes and mandates written above to be inviolably observed by all, while preserving nevertheless whatever is to be added, decreed, or changed in the holy Council of Basel for the reform of our said order. In the matter of this reform, twelve prelates of the aforesaid order from the said province of Mainz and the diocese of Bamberg have already been appointed and elected in the said holy council.

The tenth provincial chapter was held in Nuremberg, in which the bull of the Council of Basel was accepted, in the year of the Lord 1439.

In the year of the Lord 1439, in the second indiction, in the ninth year of the pontificate of lord Pope Eugenius IV, on the twenty-sixth day of the month of April, which was Jubilate Sunday, the tenth provincial chapter was held in the monastery of St. Giles at Nuremberg, of the same order. Presiding in it were the venerable fathers and lords, the abbots Hartung of St. Peter’s at Erfurt, Georgius of St. Giles at Nuremberg, Nicolaus of St. Blaise, and Heinricus in Amerbach. In this chapter the bull of the Council of Basel concerning the reform of our order through the province of Mainz and the diocese of Bamberg was presented and accepted. For the execution of this, twelve prelates in the same [unclear]

... in the council from the aforesaid order and province were appointed, as above.

Concerning the consent of all. Concerning the old statutes. C. 9, at the end. With the consent of all the fathers residing in chapter, we approve and renew all and singular the decrees and statutes issued in the provincial chapters held up to now, insofar as they are not contrary to the reform.

Concerning the authority of the presidents. We wish that each of the presidents, severally, shall have full and complete power and authority to carry out execution and to proceed, according to the form and tenor of the constitutions of Lord Pope Benedict XII and the disposition of the common law, against all and singular persons of either sex who have presumed to oppose the visitors, or have not admitted them for visitation, or have hindered them in any way, or have been found contrary to the concluded reform, and who have harmed those monasteries in goods or in persons.

Let the presidents visit the royal monasteries personally, having taken the visitors with them. The holy chapter decreed that each of the presidents must personally visit the exempt and royal monasteries assigned to him, together with the visitors of those monasteries, or one of them. Let the same be done in other monasteries wherever and as often as it shall be necessary.

Concerning the visitors, as above. The statutes issued in the four preceding chapters were again set down in this form and inserted into the recess, concerning the visitors: that within the year they are to begin their office from the word of God, and are as soon as possible to report to the nearest president the condition of those monasteries visited by them; all of which is contained more fully above, chapters 6, 7, and following.

Concerning the bull of the Council of Basel. To the fathers residing in the holy chapter there was shown and read the lead-sealed bull of the Council of Basel concerning the reform of our order throughout the province of Mainz and the diocese of Bamberg. Because of its length I have been unwilling to place it here, but it has been set down separately at folio 34. Given on the tenth day before the kalends of March, in the year of the Lord 1439. The fathers unanimously accept this bull.

With concordant and unanimous vote, no one dissenting, and with mature deliberation, we accept, and, insofar as lies in us, approve the bull of the holy general Council of Basel; and concerning the reform of the monasteries subject to our chapter, we will and command that it be observed in all our monasteries not yet more strictly reformed. Nevertheless, we command all and singular the prelates throughout the aforesaid province of our order that they should take care to reform those subject to them who have not yet been more strictly reformed, according to the same form.

That the bull of the aforesaid reform is to be read publicly in each monastery and in each quarter once in the convent. We also will and command that the form of the aforesaid reform, carefully checked word for word in every monastery, be kept in good and legible script, and that once in every quarter it be read publicly in the daily chapter; and that it be explained in the vernacular to the brothers by the president, or by whomever he shall order, lest anyone be able to excuse himself under pretext of ignorance.

Those coming to the provincial chapter shall live communally. Those coming to the chapter shall likewise take their meals during those three days in one refectory, and there shall be served to them two dishes of fish only, and one of eggs, or fried eggs, and two good pottages, with cheese and some fruits added.

The eleventh provincial chapter was held at Nuremberg for the second time, in the year of the Lord 1441.

In the year of the Lord 1441, on the last day of the month of April, which was the Sunday Misericordia Domini, the eleventh provincial chapter was held at St. Giles in Nuremberg. In it the venerable fathers, the abbots of St. Giles there, of St. Peter’s in Erfurt, of St. Blaise, and of Amorbach, presided.

We again accept the bull of the Council of Basel concerning the reform. With the common assent of all the fathers present and of the procurators of the absent, we receive and again accept the bull of the Council of Basel for the reform to be begun and ...

we will that each abbot have a copy of it in his monastery, and that the superiors of the monasteries should strive effectively to reform those subject to them according to it. Let those already more strictly reformed not wish, under pretext of this form, to relax themselves to a more lenient life. Yet we admonish and exhort in the Lord Jesus those who have thus far begun, in holy religion, the observance of a stricter life, that they persevere in good beginnings and make greater progress from day to day; nor, declining from their purpose under pretext of this norm, should they turn themselves toward more lenient things, since the constitution of this bull was issued as a beginning of regular life for those who up to now have been more negligent, until the good God grants them greater gifts.

The aforesaid bull also commands here that in each monastery it be kept, collated, in good and legible script, and that once in each quarter it be read publicly in the convent, as above in the preceding chapter.

Concerning the proctors of the visitors.

Furthermore, it pleased us, and we have decreed, that the appointed proctors of those absent should observe whether the visitors have fulfilled their visitations, and should report those who are negligent to the nearer presidents, so that, by ecclesiastical censure and other penalties if necessary, they may compel them to fulfill their office.

Let no one be proctor for more than three.

We also forbid anyone henceforth to dare to be proctor for more than three, except because of evident necessity, under a penalty to be imposed by the lord presidents.

Concerning the travel allowance of three florins to be paid to the visitors.

The whole community of the fathers decreed that each abbot who has been visited shall pay his visitors four Rhenish florins for travel allowance, unless the visitors themselves, for good reason, wish to receive less; on this point we burden their consciences.

Let prelates not absent themselves from chapter.

We also earnestly forbid, under the penalties contained in the Benedictina, that prelates who are obliged to come to the provincial chapter should presume henceforth to absent themselves from such a chapter.

Concerning the accounting to be made by the former presidents to the new ones for receipts and expenditures.

We will and ordain that, when their office has expired, the presidents shall make a full and clear account to the new presidents concerning all and several receipts and expenditures on behalf of the chapter.

The twelfth provincial chapter, celebrated at Erfurt at St. Peter’s for the second time, in the year of the Lord 1444.

In the year of the Lord 1444, on the tenth day of the month of May, which was Cantate Sunday, the twelfth provincial chapter was celebrated in the monastery of St. Peter at Erfurt. There presided the venerable fathers, the lord abbots of St. Peter there, of St. Gall, of St. Giles at Nuremberg, and of St. Stephen at Würzburg. In it proctors were appointed who should accuse the negligence of the visitors before the presidents.

Concerning the old statutes here renewed and repeated.

In this sacred chapter, as also in the two immediately preceding ones, the bull of the Council of Basel concerning reform was accepted in the same words as above. And it was provided that it should be kept and read in each monastery four times a year, as above in the preceding chapter. And that brothers of the stricter life should not wish, under pretext of this bull, to descend to more lenient things, but should persevere by setting out better, as in the same place. The statute concerning the authority of the presidents over rebels, and concerning the negligence of the visitors to be investigated by proctors, is set down here in precisely the same words as it is found above in the same tenth chapter, with certain other matters.

Royal monasteries are to be visited by the presidents.

Royal monasteries are henceforth to be visited by one of the presidents, with the visitors of that diocese associated with him, as above in chapter ten.

Concerning the monasteries of nuns to be visited.

But also the monasteries of nuns in each diocese are to be visited by the visitors of that diocese; and each monastery visited shall pay its visitors, when they depart, three Rhenish florins for travel allowance.

Concerning the death notices of the dead.

The names of the brothers, sisters, confratres, and all monasteries throughout our province

LXIII

...of the deceased, within the chapter already held and the chapter to be held, they shall henceforth bring to that chapter, so that the debt of brotherhood may be paid for them there. This statute is often repeated in the preceding and following chapters.

The thirteenth provincial chapter, held for the second time in the monastery of Petershausen at Constance, in the year 1447.

In the year of the Lord 1447, on the seventh day of the month of May, which was the Sunday Cantate, the fourteenth provincial chapter was held in the monastery of Petershausen at Constance. In it there presided the venerable fathers, the lord abbots of Petershausen there, of Saint Giles of Nuremberg, of Saint Stephen of Wuerzburg, and of Saint Gotthard of Hildesheim.

On old statutes here renewed and repeated.

First of all, it receives the oft-mentioned bull of the Council of Basel, and commands in the same words and form as above that it be held and read in every monastery. Several other statutes also were placed here in the recess, though they have been determined several times in the preceding chapters, namely concerning the authority of the lord presidents against rebels; that the visitors of each diocese should visit the monasteries of nuns; and concerning the negligence of visitors to be reported to the presidents by the procurators, along with many others that are fully contained above here and there.

That only the reformed are to be appointed to the offices of the provincial chapter.

As the Lord says in the Gospel: if the blind leads the blind, both fall into the ditch. We establish that, as far as can be done, this rule should be observed in the election of presidents and visitors: that the reformed be appointed to such offices, for one who has neglected first to reform himself can never well instruct others.

On the negligence of visitors.

And because we have learned by experience that some visitors appointed up to now have been negligent and have not taken care to fulfill the office enjoined upon them, therefore we will and command all visitors that they take care to fulfill the office of their visitation with all possible diligence.

Otherwise, according to the tenor of the Benedictine letter, we will and declare that they, and each of them, incur by the very fact the penalties that are incurred by those who do not come to the provincial chapter without having a canonical impediment.

Who are excused from the chapter.

It pleased the fathers that no one henceforth should put forward any excuse for not coming to the chapter except bodily illness, enmities, or evident and plainly established poverty. And only for these reasons are the procuratorial letters of absent abbots to be admitted in chapter.

On wandering monks not to be received.

Wandering monks without commendatory letters from their abbot are not to be kept or received as conventuals, nor are they to be hosted in any monastery beyond three days.

On a monk who has laid violent hands on an abbot.

If any monk, at the devil’s persuasion, has broken out into such audacity that he lays violent hands on an abbot or another brother, such a person is not to be accepted or kept in the province.

On one who wishes to pass over from an unreformed monastery.

If anyone, with pious intention, wishes to pass from an unreformed monastery to a monastery, he shall seek permission from his superior. If the superior refuses, he shall seek it from one of the presidents, who will give him permission to stay there for a time, or even to establish himself there, but with the consent of those receiving him.

On the safe-conduct and travel expenses of visitors.

Every abbot or prelate who has been visited, with the help of his convent, shall conduct his visitors as far as the next monastery to be visited by them. When they wish to depart, he shall not refuse to give them three Rhenish florins for the contribution or collection imposed by the chapter for relieving its burdens, unless the visitors themselves, for a pious reason, have decreed that less should be received.

The fourteenth provincial chapter, held for the second time at Wuerzburg, in the presence of the lord cardinal, in the year of the Lord 1451. [unclear]

LXV

In the year of the Lord 1451, on the twenty-fourth day of the month of May, which was Cantate Sunday, the fourteenth provincial chapter was celebrated at St. Stephen's in Wurzburg, with the most reverend father, lord Nicholas of Cusa, cardinal priest of the title of St. Peter ad Vincula and legate, present and presiding over that chapter. In it the venerable fathers, the lord abbots of St. Giles in Nuremberg, of St. Burkard in Wurzburg, of St. Peter in Erfurt, and of St. Godehard in Hildesheim, presided.

Concerning the old statutes repeated.

Besides those statutes which the aforesaid lord Nicholas, cardinal and legate, issued, the present sacred chapter established certain things, and repeated word for word several things issued in previous chapters, namely:

Concerning safe conduct and the visitors' travel expenses, as above, in the preceding chapter.

Likewise, that the names of deceased brothers are to be announced in the individual chapters, as above, chapter 12. And many other things which it would seem superfluous to insert here in order.

Concerning collations and drinkings not to be held in our monasteries.

It has come to our truthful hearing by report that in certain monasteries, even reformed ones, by a certain special gracious permission of the prelates, collations have customarily been held before compline. Certain brothers now contend that these are to be held daily in certain monasteries as if by right, taking them up on their own authority, to no small prejudice and loss of the purity of reform and of the peace of the same monasteries, with detractions, frivolities, reports of secular business, and also sometimes by extending even to extravagant disputes and at times in the presence of laymen. Therefore we forbid the same collations to be held henceforth without the special grace of those same prelates. We also will that the visitors be specially admonished concerning these things.

Besides these things nothing new was established in this chapter. But the lord cardinal issued certain constitutions for the visitors, some of which are contained here separately.

The fifteenth provincial chapter, celebrated a second time in Seligenstadt, was held in the year of the Lord 1454.

In the year of the Lord 1454, on the twelfth day of the month of May, which was Jubilate Sunday, the fifteenth provincial chapter was celebrated in the monastery of Saints Marcellinus and Peter, martyrs, in Seligenstadt. In it the venerable fathers, the lord abbots Wolfram of Hirsau, Christian of St. Peter in Erfurt, Ulrich in Wiblingen, and Berthold of St. Stephen in Wurzburg, presided.

They approve the statutes of the lord cardinal.

Following in the footsteps of the lord cardinal and legate, with the sacred chapter approving, we command all and each of the statutes issued and ordained by him for the reform of our order in the immediately preceding provincial chapter celebrated in Wurzburg, and then unanimously accepted by the lord presidents and the whole chapter, to be strictly observed by all, under the penalties and censures contained and expressed in the letters of the said lord cardinal composed concerning this matter.

That the presidents, visitors, and treasurers should arrive before the day of the chapter.

We further will and ordain that, for provincial chapters to be celebrated from now on in the future, the lord presidents, visitors, and treasurers shall arrive on certain preceding days, while also being supported in the meantime at the chapter's expense, to handle the matters that arise and are necessary and suitable for the more useful and speedier celebration and dispatch of the chapter itself.

How visitors are to be received and treated.

We also strictly command all prelates and convents that, if they are required concerning this matter, they are to provide for their visitors safe conduct, at their own expense and according to their ability and knowledge, from the princes of the region and of that place or dominion as far as the next monastery to be visited. They are to receive and treat those visitors with all reverence and humility, charitably; they are diligently to observe their admonitions and ordinances and obey them.

LXVI They shall keep them in faithful security, under penalty of restitution and payment for all and each of the things thus deceitfully or fraudulently lost.

Concerning the household of the visitors.

The visitors, however, shall have with them an honorable household and retinue, and each of them shall be content with four mounts, unless a reasonable cause requires more.

Those who impede visitation incur the sentence of excommunication.

Lest anyone impede so wholesome an office of visitation by any contrivance or pretext, we will that all and every abbots, priors, provosts, and monks who refuse to receive their visitors, or who gainsay them, and who are rebellious and disobedient to them, and who impede the office of visitation by nod, deed, writing, or word, or who arrange, procure, cause, or attempt, by themselves or through another or others, directly or indirectly, that it be impeded by their friends, noble or ignoble, or by any subordinates whatsoever, so that their visitors cannot freely and quietly exercise an office of this kind, shall by that very fact incur the sentence of excommunication. The visitors themselves shall be bound to publish this sentence of excommunication against them and duly have it carried into execution.

Likewise we will that all and every abbots, provosts, priors, convents, and persons who have rejected from themselves this reformation of the lord cardinal legate and of the chapter, previously received and continued for a time, shall incur the sentence of excommunication, unless at least within the time to be fixed for them by their visitors they effectively take it up again and continue it.

Begging under pretext of need is forbidden.

It has come to our ears by a sure report that persons of both sexes of our order go about, not so much compelled by poverty as for the sake of begging, procuring that their begging of this kind be announced from the pulpits, and even begging door to door to the disparagement of the order. We forbid this to be done or to occur henceforth, and we exhort the people of God not to stretch out helping hands to such persons, but to send them back to their monasteries.

Or, if the resources of those monasteries do not suffice, the same brothers or persons of the order shall see to it that petitions of this kind are published and collections conveyed, not by themselves but through secular persons; and they shall seek the necessities of life from neighboring monasteries of the same order. If, after this prohibition of ours, they do not desist from the foregoing, any president may and must proceed against them as disobedient, according to the quality of the offenses.

That permission to wander should not be given to monks.

We have also learned that some abbots of monasteries and prelates do not fear to receive into obedience fugitive monks and others fleeing the reins of discipline, who go about after permission has sometimes even been extorted from their superiors and without proper proof; and that they give an occasion for wandering to those who wish it, to the peril of their souls and the scandal of many. We therefore, desiring to remedy a deadly disease, strictly forbid such things to be done henceforth, under penalty of infamy and incapacity; after warning has first been given, the visitors shall impose this penalty on the prelates who give, and on the monks who receive, permission to wander, with heavier penalties nevertheless to be added if the fault requires it.

Concerning procurators of absent persons.

Let there be a procurator for absent abbots, even three of them, under penalty of suspension from divine services, to be imposed by the presidents then in office, unless an evident cause stands in the way. Whether that cause is sufficient shall be proposed to the presidents.

Concerning ancient statutes here repeated anew.

Consequently, in this chapter very many statutes of past chapters are repeated in form, namely: that abbots should not henceforth withdraw themselves from the chapter, as above, chapter 13; and that all should publicly and everywhere wear the habit fitting to religious life, as above, chapter 1; and also that those visited should pay their visitors three florins for travel expenses, as chapter 4; and certain other things which are set out more fully above in their own places.

C I E S D V N O T M P A G R B U L F H Q W K J X Z Y E S T M P A G R B U L F H Q W K J X Z Y E S T M P A G R B U L F H Q W K J X Z Y E S T M P A G R B U L F H Q W K J X Z Y E S T

LXVII

The sixteenth provincial chapter, held at Erfurt for the third time, in the year of the Lord 1456.

In the year of the Lord 1456, on Jubilate Sunday, the sixteenth chapter was held at Saint Peter's in Erfurt. At it there presided the venerable fathers, the lord abbots Berthold of Saint Stephen's at Wuerzburg, John of Saint Michael's at Hildesheim, Ulrich in Blaubeuren, and Rupert of Saint James's at Mainz.

The election of future presidents and visitors belongs to the presidents.

We decree and declare that the election of presidents and visitors succeeding for the time belongs to the presidents, just as constitution 12 of Pope Benedict defines.

That secular persons are not to be allowed to be present at capitular acts.

We will that henceforth no secular person be admitted to capitular deliberations and proceedings; but when some act must be drawn up in public form, then notaries and witnesses who are honorable and worthy of trust are to be called in.

Concerning conformity of habit and tonsure among those coming to the chapter.

We also will and ordain that henceforth the prelates coming to the chapter, and the proctors of absent prelates, should strive for conformity of conduct, especially in habit and tonsure. And those who use birettas are not to wear them bare and openly with the hood of the cowl lowered, as some are accustomed to do, but are to place the hood of the cowl itself under the biretta for the sake of conformity, since this too seems to be a sign of humility. We will this to be firmly observed henceforth in every place, especially by the simple conventual brothers of our order, except during the divine offices.

That the names of abbots and proctors present in the chapter be inserted in the recess regularly.

We have also decreed that henceforth, in the recess of the chapter held for the time, the names of all fathers present and of the proctors of the absent be written down individually.

Concerning not requiring an oath in the act of visitation.

The visitors of the provincial chapter, in the act of their visitation, are not indiscreetly to constrain either prelates or subjects, by oath or otherwise, to disclose or publish hidden matters, especially criminal ones, unless the order of fraternal charity has been observed.

That provostries and priories be visited by the visitors of the provincial chapter.

Some abbots who have provostries, priories, and deaneries subject to themselves or to their monasteries have, as we have learned, hitherto been negligent in visiting them. Therefore we decree that these same provostries, priories, and deaneries are henceforth to be visited by the visitors of the provincial chapter. The abbots, however, to whom they are subject may, if they wish, be present at such visitation. And those so visited are bound for the time to pay only half the contribution.

Monks and nuns ought not to give themselves to disorderly feasting.

It has become known to us that among certain persons of our order there is an abuse of holding in turn, after dinner and also after supper, disorderly and excessive feasts and drinking bouts, mixing with these vain and scurrilous conversations. This abuse we abolish by the present statute, and we prohibit it from being done henceforth, commanding that those who are found transgressors in these matters be duly punished by the visitors with abstinence on bread and water, or otherwise according to the nature of the excess.

And because the aforesaid abuse is said to be fostered by another abuse, altogether more detestable, namely that in certain monasteries they usurp special revenues and have them distributed not through the cellarer, but through whomever they themselves wish, we likewise will that this abuse be wholly abolished, and that all things be brought into common use, and that through the cellarer the necessities be supplied to all according to the Rule.

Concerning the visitations of monasteries of nuns.

The monasteries of nuns of our holy order are to be visited by the visitors of the provincial chapter. These visitors, among other things, while consulting the interests of the same monasteries, should also strive to exclude from them secular girls who are there not for the sake of conversion, but at the request of their parents.

in burdening the monasteries and to the loss of discipline, they are being reared there.

With what caution nuns are to be visited by prelates.

LXVIII

Since the sight of women is dangerous for spiritual men, let the one to whom the care of souls is entrusted take care that he never undertakes the visitation of nuns out of a desire to see them, but only for the sake of necessity; and once that necessity has been dealt with, let him depart quickly. Nor should he presume to enter the enclosures of the monastery unless great necessity or usefulness requires it.

Concerning the appointment of a confessor for nuns.

Let no confessor be appointed for nuns without the consent of at least one president. But if anyone, whether prelate or subject, shall presume to attempt otherwise, let him be punished most severely by the visitors. Entrance into the enclosures of nuns is to be entirely forbidden to the confessor.

That monks are to be received without regard to persons or nobility.

Furthermore, it is reported that there are some monasteries of either sex in our province in which only knights and nobles have customarily been received to profession. From this has come the complete dissolution and abandonment of regular observance, and the total ruin of those monasteries in spiritual and temporal matters. Let the visitors inquire into the reason for this custom; and if privileges are alleged, let them examine them diligently, so that, once the truth has been discovered, such an elevated abuse may be abolished, and henceforth persons otherwise suitable may make profession there indiscriminately according to the rule, without regard to nobility.

No one from a reformed monastery is to be received elsewhere without letters from his abbot.

We forbid anyone to receive in another monastery any monks, converts, or donates who have gone out from a reformed monastery, unless they have the permission of their abbot.

No guest monk is to govern a parish.

Let no guest monk be permitted to govern a parish cure.

The incorrigible are to be referred to the presidents to be corrected.

If any monks or religious are found to be such that they cannot be restrained by their own prelates and visitors, let such persons be reported to the presidents, so that they may make provision concerning them.

Concerning the proclamation of the fathers in chapter.

Because the fathers of the order ought, among other reasons, to come together and be gathered in the Lord for this purpose, that they may celebrate provincial chapters and clear themselves before the presidents concerning their various negligences and faults, the lord presidents decree and establish that henceforth, in the celebration of chapters of this kind, the individual fathers must proclaim themselves concerning their faults, excesses, and negligences with a faithful and humble mind, ready to receive the punishment of the presidents.

Concerning supplying for the negligence of visitors.

If any of the visitors, because of a legitimate impediment, is unable to fulfill the office assigned to him, let him signify this to the nearest president, who will supply his place or will certainly appoint some other one of the prelates to supply it.

That the presidents and visitors should arrive at least four days before the day for celebrating chapter.

We will that the visitors, together with the presidents, hasten to arrive at least four days before the day on which the chapter is to begin, in order to report to the presidents what they have discovered, done, and carried out in their visitations, so that the presidents themselves may be ready, before the assembled fathers, to correct the excesses of the rebellious and disobedient, or also to punish the negligence of those same visitors, if any has been found.

The seventeenth provincial chapter, held at Nuremberg for the third time, in the year of the Lord 1459.

In the year of the Lord 1459, on the Sunday Misericordia Domini, the seventeenth provincial chapter was held in the monastery of St. Giles at Nuremberg. In it presided the venerable fathers, the lord abbots George of St. Giles there, Berthold of St. Giles in Brunswick, Eberhard of St. James at Mainz, and Heinrich of Blessed Mary at Ettenmunster.

Concerning the old statutes repeated here.

In this chapter, as in almost all the others, certain old statutes were repeated in form. Of these, first...

The first was that the presidents and visitors should arrive on the Wednesday before the day appointed for beginning the chapter, together with the other matters contained above. And there all who had privileges for receiving only nobles renounced their rights. Nevertheless, with the common consent of all, those same privileges were then entirely abolished.

On the preacher.

The one who is to preach the sermon should arrive before the presidents somewhat before the appointed day, and should submit the sermon itself, in the form in which it is to be delivered, in good time to the correction or alteration of the presidents.

If any of the aforesaid presidents is absent at this arrival.

If it should happen that any of the presidents is absent for any reason, the others shall treat and dispose all matters that are appropriate, with the power of summoning one of the fathers present if need be, until the one arrives who ought to have been present for this preliminary meeting.

On the death of a president.

Concerning the death of any president, or any other kind of deficiency, the bull of Pope Martin V, which is set down above at the beginning of this volume, is to be observed, with this declaration added in this chapter: that the authority of the former presidents lasts until the day of the opening of the chapter, exclusive; and on that day the authority of the new presidents begins.

That schoolboys should not take part in the monks’ choirs by singing.

Since the company of schoolboys and secular clerics in the divine offices forces corruption of maturity upon the minds of religious, the lord presidents decreed that those schoolboys and clerics are to be dismissed to their parishes. But if in some place they cannot be dismissed without notable scandal, the visitors of those monasteries, after hearing the reasons, shall decide how long and in what manner they ought to be tolerated.

The eighteenth provincial chapter, celebrated at Würzburg for the third time, in the year of the Lord 1464.

In the year of the Lord 1464, in the twelfth indiction, on Jubilate Sunday, the eighteenth provincial chapter was celebrated in the monastery of St. Stephen at Würzburg. In it presided the venerable fathers, the lord abbots Berthold of St. Stephen there, Johannes of St. Michael in Hildesheim, Melchior of St. Ulrich in Augsburg, and Eberhard of Michelsberg. In it it was ordained that serious resistance should be made to those who wish to transfer themselves from the order to the secular state or to the state of secular canons. And against them procurators are to be appointed in the Roman curia.

In difficult and important cases we will and ordain that first the fathers be consulted.

We will and ordain that, in important and difficult cases of the chapter and the order, henceforth during the time of the chapter itself the votes of each of the fathers present be examined in order; and each of them, according to God and his own conscience, shall speak with humility and reverence what he has judged better, when he has been asked.

On the multiplication of constitutions.

Considering that in the earlier chapters many useful statutes were made, from which little profit has so far been found to have followed, because of the negligence of very many, since it is superfluous to establish laws however celebrated if they are not duly entrusted to execution, and lest the multitude of statutes increase the material of transgression, we do not now wish to enact new ones, but we command each person to observe the old constitutions more diligently than hitherto.

The nineteenth provincial chapter, celebrated at Michelsberg for the first time, in the year of the Lord 1467.

In the year of the Lord 1467, in the fifteenth indiction, on the nineteenth day of the month of April, which was Jubilate Sunday, the nineteenth provincial chapter was celebrated in the monastery of Michelsberg at Bamberg. In it presided the venerable fathers, the lord abbots Johannes of Bursfelde, Melchior of Augsburg, Heinrich of St. Michael in Hildesheim, and Johannes in Werden.

On the old statutes repeated again in this chapter.

Many old statutes were repeated again in this chapter; since they are contained above, they are not to be inserted here again. Let us insert only the new ones. On suc-

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It pleased us that, when any one of the presidents or visitors dies, the one who succeeds him in the abbacy should also succeed him in the presidency or visitation, without any new summons from anyone, both in the office and in the dignity of the presidency.

Concerning the feast of the commemoration of Saint Benedict.

We further will that the feast of the translation of our most holy father Benedict, in accordance with the apostolic prohibitions, should no longer be observed; but in place of the translation, the feast of his commemoration should be celebrated in the hours and divine offices, with all the customary ceremonies.

It was also decreed: A new penalty for negligent visitors.

All visitors who do not fulfill the office of visitation enjoined upon them shall be bound, for each monastery not visited, to pay as a penalty three Rhenish florins to the chapter, unless a legitimate cause intervenes.

Concerning the form of a proxy document.

And because negligence often occurs in the proxy documents of absent fathers, when they are not sent in proper form, with ignorance, as we believe, being the cause of this, therefore, to guard against those errors, we unanimously receive and approve this form of a sufficient proxy document inserted here.

Form of the proxy document.

To the reverend fathers in Christ, the lord presidents of the sacred provincial chapter of the province of Mainz and the diocese of Bamberg, of the black monks of the Order of Saint Benedict, to be celebrated in the monastery N., in the diocese N., on the coming Sunday Jubilate: N., called abbot in N., of the same order, in the diocese N., obedience, reverence, and honor.

Venerable fathers and lords: Because, according to the praiseworthy statutes of the fathers, the provincial chapter is coming to be celebrated, to which, as I ought and am bound, I cannot come in person, being prevented by such a cause: let the cause be expressed. Hence it is that I appoint the venerable father, lord N., abbot in N., or the religious brother, a professed monk of our monastery N., as my undoubted proxy, in the best form, with full mandate, to appear in my place in the aforesaid chapter, to treat, vote, conclude, and do every other individual thing that I myself could and ought to do if I were personally present; with power to swear on my soul, if need be, that the cause of my absence alleged above is true. Further, if it should happen that a monetary collection is imposed by this chapter, he is to accept it in my person, and I shall also lawfully pay it when I am required. I promise, under witness of the present letters, that I will hold as ratified and acceptable whatever things shall be established and ordained in the same chapter, and that I will observe them, insofar as I am able, both by myself and by those subject to me. In faith and testimony of all these things, my abbatial seal has been impressed below upon these presents. Given in my aforesaid monastery, in the year, etc.

The twentieth provincial chapter, held for the fourth time at Erfurt, in the year of the Lord 1470.

In the year of the Lord 1470, in the third indiction, on the fifteenth day of the month of May, which was Sunday Jubilate, the twentieth provincial chapter was held at Saint Peter’s in Erfurt, for the fourth time, with the customary protests: that the fathers do not intend to admit excommunicated persons, and that neither they themselves nor the proxies are to depart before the end of the chapter, under penalty of an excommunication to be imposed by sentence.

Presiding at it were the venerable fathers, the lord abbots Gunther, abbot there; Melchior of Saints Afra and Ulrich at Augsburg; Sebald of Saint Giles at Nuremberg; and Paul of Saint Mary at Elchingen. In it it was ordained that the individual acts of each of the preceding chapters should be brought together in one compendium, as has been attempted here in the present compilation.

Concerning the old statutes that were here again renewed.

In the present chapter many statutes of the old chapters were renewed and inserted again into the recess as though anew. Among them are these. First, the form of the proxy document is inserted and confirmed word for word. Likewise, that the presidents of both chapters, together with the visitors, should arrive on the fourth weekday before the appointed day for celebrating the chapter, as above, chapter 17. And concerning negligence to be supplied [unclear].

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...the negligence of those not arriving on that same Wednesday, as in the same place. Likewise, that no one be made procurator for more than three, as above, chapter 15. And that negligent visitors shall pay three florins for each monastery not visited, as above, chapter 19. Likewise, that provostships and priories are to be visited by the same visitors, with the proper abbot present if he wishes, saving half the procuration, as chapter 16. The same is to be understood concerning reformed and unreformed nuns.

The statute formerly issued in chapters 8 and 9, concerning the recalling of fugitives and not giving a general letter of license to anyone, is again renewed word for word, as above, chapter 15.

That procurators of absentees may take part in capitular deliberations.

It pleased the lord presidents and the chapter that monks who are procurators of absent fathers, having sufficient procuratorial authority, may take part in capitular deliberations, just as they have taken part up to now.

Likewise concerning procurators of absentees.

The procurator of absentees must be fully informed about the visitations of those sending him, if any visitors have been there, and must report all these things to the lord presidents; he must also take upon himself, in place of those sending him, the penances and humiliations, and within a space of two months send the recess of the chapter to those by whom he was sent. But if he does not do this and is found negligent in the aforesaid matters, if he is an abbot he shall be punished by a fine of two florins for each monastery; if he is a simple monk, by suspension from divine offices.

Concerning the propriety and quality of clothing.

We also ordain and enact that abbots and all religious, whatever offices they may have been assigned, both within and outside the monastery, shall wear a decent habit, or a rain-cloak over the scapulars, with cowls sewn on and with covered birettas; and that they go about also with a decent retinue, all ostentation set aside.

If an abbot, in excuse for himself, sends letters of princes to the chapter.

No abbot or prelate may henceforth presume to obtain letters of princes to be sent to the chapter concerning his absence under penalty of three Rhenish florins, to be paid to the chapter without any remission.

What sort of person ought to be elected.

The lord presidents, together with the fathers, enacted concerning an abbot, provost, or prior that no one henceforth is to be elected or postulated as abbot, provost, or prior unless he has remained, without pretense, in observance and regular life for at least the space of a year, and has held and observed it. But if otherwise is done, there shall be done concerning such a man what the lord cardinal legate commanded by his letters to be done in such cases.

Whether a general letter of license should be granted to monks by their prelates.

We most strictly prohibit any prelate of our province or chapter henceforth from granting to his brothers, when they are being sent to any monastery whatever, a general letter of license; nor shall he permit them to use those already granted in this way, but rather, as quickly as possible, he shall prudently revoke what he inconsiderately granted to the peril of souls.

Concerning surreptitious apostolic indults.

We have also salutarily decreed that apostolic indults already obtained, or perhaps to be obtained in the future without the knowledge of the presidents, especially those that tend to the loss of observance and regular discipline, are henceforth not to be used, as being useless and surreptitious.

The twenty-first provincial chapter, held at Nuremberg for the fourth time, celebrated in the year of the Lord 1473.

In the year of the Lord 1473, in the sixth indiction, on Misericordia Domini Sunday, the twenty-first provincial chapter was held at Nuremberg, at St Egidius, for the fourth time. In it the venerable fathers, the lord abbots Theodericus of Bursfelde, Gunther of St Peter in Erfurt, Johannes of St Egidius in Nuremberg, and Johannes of Holy Cross in Werdea, presided.

Which statutes of the old chapters are repeated here.

First, the lord presidents and fathers commanded that all statutes of the preceding chapters, as though they were inserted here word for word, be kept inviolably by all those subject to the chapter.

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subjects of the chapter. Certain of the same statutes were also again inserted into this recess, which are found above word for word: namely, that the presidents, visitors, and preacher should arrive on the appointed day of the chapter, on Wednesday. Likewise, that if one of the presidents is absent at this arrival, the others, adding to themselves one of the priors if they wish, until he comes, may do everything with full power. Also the decree concerning apostolic indults not to be obtained or used, as is found in the preceding chapter. Similarly, that no one should be procurator for more than three persons; and that the procurators should be fully informed about each matter concerning the visitors, under the penalty stated there, and should transmit the recess to them within two months.

And that statute: that abbots and monks should wear suitable dress in every place. Also that one which forbids any abbot, for his own excuse, to dare to obtain letters of princes for the chapter. Likewise, that prelates should seek out their fugitives, and should henceforth grant no one a general letter of license. And that the visitors should visit provostships, priories, and convents of nuns, with their abbot able to be present if he wishes, as is found there. Also that those visited should pay their visitors three Rhenish florins for travel expenses. And concerning the penalty of three florins imposed on negligent visitors for any monastery not visited. Likewise also this: that the visitors should denounce rebels and disobedient persons to the nearest president, so that they may be punished. These and similar matters, which are contained above word for word, were here repeated again, with the following nevertheless newly added, as seemed good.

Novices are not to be admitted to profession before the completed year of probation.

Seeking as far as we can to forestall future dangers and to comply with regular and legal provision, we strictly forbid any prelate henceforth to receive a novice to profession before the year of his probation has been completed.

Concerning the habit of the lay brothers.

For the pleasing uniformity of all, lay brothers shall wear their cowls open in the front, in the manner of monks.

The twenty-second provincial chapter was celebrated at Michelsberg for the third time, in the year of the Lord 1476.

In the year of the Lord 1476, in the ninth indiction, on Jubilate Sunday, the twenty-second provincial chapter was celebrated in the monastery of Michelsberg near Bamberg for the third time. In it the venerable fathers, the lord abbots Martin in Schwarzach, Hermann of St. James at Mainz, Henry in Blaubeuren, and Johannes of St. Giles in Nuremberg, presided.

The statutes of previous chapters are first approved.

Directing our attention to the things that were established in previous chapters and recesses, we confirm and approve all their constitutions and decrees, and we will that they be held and observed by all, just as if they were expressly inserted here word for word.

Concerning surreptitious apostolic indults not to be used, under penalty of excommunication.

Under penalty of excommunication we command that no one presume to use apostolic indults obtained surreptitiously, tending toward danger to souls and harm to regular observance, whether already obtained or perhaps to be obtained in the future without the knowledge of the presidents, as is also found there.

That absentees, with a procuratorial mandate, should pay four florins for the one whose procurator he is, under penalty of that person’s contumacy, without contradiction, to the chapter henceforth.

Concerning the other statutes placed here.

The statute concerning procurators was also renewed here again word for word: that they should transmit the recess of the chapter to those by whom they were sent, within two months after the chapter has been celebrated, under penalty of two florins if the procurator is an abbot, and of suspension from divine offices if he is a monk, as is found in chapter 20.

The twenty-fourth provincial chapter, celebrated at Nuremberg for the fifth time, in the year of the Lord 1479.

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In the year of the Lord 1479, in the twelfth indiction, on the Sunday Misericordia Domini, the twenty-fourth provincial chapter was held at Saint Giles in Nuremberg for the fifth time. In it there presided the venerable fathers, the lord abbots Martin in Schwarzach, Leonhard of Saint Peter in Castello, Bernhard in Hirsau, and Hermann of Saint James in Mainz.

Which statutes of the preceding chapters were here repeated again.

In this holy provincial chapter several statutes were repeated as though anew, although they are known to have been ordained earlier in other chapters of preceding times, with few exceptions, in almost the same words. Among these are the following. First, concerning apostolic indults surreptitiously obtained and not to be used, as above, chapter 20, at the end, but with this clause added: Matters that must be transacted or obtained in the Roman curia for the order, or for monasteries jointly or separately, by the order's proctor residing in the curia for the time being, or with his express consent, all the prelates and monks of our province and order shall cause to be transacted through him.

Likewise, the statute was repeated that those who are visited are to receive and treat their visitors kindly, and are to pay them three Rhenish florins for travel expenses, under the added penalty of triple payment; and that they are to provide them with safe-conduct. And certain other things were also repeated, which nevertheless, because of their penalties and certain particular provisions, we have decided to set out again. The first of these is this.

That a monk is not to be received without letters commendatory from his abbot, under penalty of thirty florins.

We also forbid more strictly, under penalty of thirty Rhenish florins, all prelates and superiors of our order and province henceforth to receive any brother or monk in their monasteries without letters commendatory from that monk's own abbot. Those already received otherwise are to dismiss as soon as possible, under the same penalty, to be paid to the chapter without contradiction as often as they act to the contrary.

That a general license is not to be granted to anyone, under penalty of fifty florins.

We also enjoin the same upon all prelates, that henceforth they are not to grant their monks and professed brethren a general license without the consent of those presiding in the provincial chapter, under penalty of fifty florins, to be paid to the same chapter as often as they transgress this our constitution.

Concerning visitors.

We also strictly enjoin all those subject to our chapter by law or custom not in any way to contrive, either by themselves or through others, with diocesan bishops, princes, or nobles, that the visitors may not freely carry out their office. Nor are they to object that visitors are not to be admitted without the consent of the ordinaries, since they are sent by apostolic authority and visit the monasteries assigned to them in the place of the lord pope, as is found in Extra, De statu monachorum, chapter In singulis, paragraph Ordinentur. Nor are any to impose conditions on the visitors by which they would admit them, or without which they would refuse to admit them, under penalty of thirty florins.

Concerning visitation charters.

Under the same penalty we command all the aforesaid abbots, provosts, priors, deans, monks, and communities to keep diligently, read, preserve, and put into practice the charters, ordinances, and statutes made, or to be made, for them by the visitors.

That an abbot is not to grant property to a monk.

Since private property is always ruinous to monks and the overthrow of all religion, we most strictly forbid all prelates to allow any of their own monks to possess property. For what the supreme pontiff admits that he does not dare to do is judged very rash for an inferior to presume in any way, as we clearly have in Extra, De statu monachorum, Cum ad monasterium, at the end.

The twenty-third provincial chapter, held in Blaubeuren in the year of the Lord 1482.

In the year of the Lord 1482, in the fifteenth indiction, on the Sunday Jubilate, the twenty-fourth provincial chapter was held in the monastery of Saint John the Baptist in Blaubeuren, in the diocese of Constance. In it there presided the venerable fathers, the lord abbots Georg of Saint Stephen in Würzburg...

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Likewise, Johannes in Wiblingen, Udalricus of Mönch... [unclear], and Johannes of St. Egidius in Nuremberg.

That the recesses of the provincial chapters from the time of the Council of Constance should be kept in all monasteries and read publicly in the convents.

Lest the statutes and ordinances of the provincial chapters celebrated up to now become unknown to those who are bound to know them, we will and strictly command, under penalty of twenty Rhenish florins, that all and each of the fathers have all recesses of chapters of this kind, from the time of the Council of Constance up to the present, copied and kept in one volume, which they are to bring with them at the time when the chapter is to be celebrated; and that in their convents they see to it that these same recesses are read publicly every quarter. But this statute concerning the reading of the individual recesses would seem too burdensome, as it appears to me. I therefore think it should be understood of an abbreviation, as will be clear below.

Concerning fugitives.

And lest an opportunity be given to monks for wandering here and there, if they were received everywhere as guests, we command all our abbots, under penalty of thirty Rhenish florins, that wherever they find a monk of our province wandering, immediately, if convenience permits, they send him, at the expense of the same monastery, back to the monastery from which he had gone out, to his own abbot; and that abbot shall be bound to receive him when so sent, after paying the expenses to the sender, without objection.

And under the same penalty we forbid all our prelates to admit or lodge any monks or converts turning aside to their monasteries, if they have not first shown letters commendatory, or credentials as they are commonly called; unless perhaps it is for this reason, that they may hold them and send them to their own abbots.

Concerning visitations.

Moreover, because the whole force of regular observance consists in visitations, we therefore forbid all those subject to our chapter to presume in any way to hinder the visitors in their offices; rather, they shall receive and treat them honorably and reverently, and provide for their safe-conduct and for travel-money of three florins, according to the statutes of the preceding chapters, under penalty of twenty florins.

Concerning the form of visitation.

And so that the visitors may be able to observe due order in their visitations, we will and strictly command, under penalty of ten florins, that they take care to fulfill their office according to the tenor of the form of visitation contained in the bull of the lord Nicholas of Cusa, cardinal legate, which he gave to the visitors of our province at that time. And note that this form, contained in the constitutions of the same cardinal concerning visitation, was inserted here word for word into the recess. Since I have placed it separately with the others on folio 42, I judged it superfluous to repeat it again at present in one volume.

The twenty-fifth provincial chapter, celebrated at Augsburg for the second time, in the year of the Lord 1485.

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In the year of the Lord 1485, in the third indiction, on the Lord’s Day Jubilate, the twenty-fifth provincial chapter was celebrated for the second time at Saints Afra and Udalricus in Augsburg. In it presided the venerable fathers, the lord abbots Johannes of St. Egidius in Nuremberg, Johannes of St. Martin in Sponheim, Henricus of Saints Peter and Paul in Weissenburg, and Paulus of Blessed Mary in Elchingen. There the following statutes were made.

That criminal and incorrigible persons should not be expelled but imprisoned.

Although our blessed father Benedict, in the Rule, orders incorrigible monks to be expelled from the monastery, nevertheless we, considering the evident danger that would arise for many from this if it were put into practice, have thought that the statutes should be varied according to the variation of the times. Therefore we strictly forbid all our abbots and prelates to presume to expel or exclude from the monastery their monks, converts, or donates who are guilty of any crime whatever, since such expulsion of incorrigible persons would give them the opportunity to wander and to commit still graver offenses. Rather, they shall thrust such persons, offending so enormously, into prison, to be punished for a longer time according to the nature of the crime committed.

And two offices are to be held in the convents after the chapters have been celebrated.

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We further establish and ordain that in every monastery of our province, immediately after the chapter has been celebrated, each prelate shall have two offices celebrated conventually on the appropriate days: one for the living, and the other for the dead, with the proper vigils, for the brethren and benefactors of the provincial chapter and of the Order.

On the Initiation of Excommunication.

We also will and decree that those excommunicated, and those hereafter to be excommunicated in provincial chapters for any cause whatever, even for a contribution imposed by the presidents and not paid, shall be announced in their dioceses and monasteries; and that executors shall be appointed for this by the chapter, so that they may not excuse themselves in any way from sentences and censures of this kind, or claim ignorance, until they learn to obey the commands of the presidents.

Visitors shall make charters for the monasteries visited by them, and shall also send these to the presidents at the time of the chapter to be celebrated.

We further command the visitors to leave the charters of their visitations in the monasteries visited by them, according to the ancient statutes and ordinances, and to send copies of them, either personally or through their procurators, to the chapter itself in due time. In these they shall clearly inform the lord presidents concerning the condition of those monasteries in temporal and spiritual matters and with regard to persons, so that the presidents themselves, once the defects have been known, may be able to come as quickly as possible to the aid of such monasteries. But if the condition and necessity of the monasteries visited shall require it, once the visitation has been made the visitors shall immediately transmit copies of the charters to the presidents with suitable notice.

On the Expenses of Monasteries Attempting to Separate Themselves from the Order.

Furthermore, we will and ordain that expenses which the chapter may have had to undergo in any way for monasteries attempting to separate themselves from the Order, or even for recovering those already transferred, once such monasteries have been brought back, shall be paid to the chapter, with due consideration of their respective means.

On the Briefs of the Dead.

We will and ordain that in all future chapters the names of deceased brethren shall be sent by the abbots or their procurators, in schedules, to the chapter itself to be celebrated in due time, so that they may be commended to the prayers of the fathers.

The Twenty-Sixth Provincial Chapter Was Celebrated at Saint James, Mainz, in the Year of the Lord 1487.

In the year of the Lord 1487, in the sixth indiction, on Jubilate Sunday, the twenty-sixth provincial chapter was celebrated in the monastery of Saint James near Mainz. In it presided the venerable fathers, the lord abbots Henry in Wissembourg, Conrad in Wiblingen, Berthold of Saint Gotthard in Hildesheim, and Johannes in Seligenstadt.

On Diffinitors to Be Chosen by the Presidents.

It pleased all of us gathered capitularly that henceforth, in each chapter to be celebrated, the diffinitors shall be chosen by the presidents from among the fathers.

On the Age Required in a Person to Be Received to Profession in the Order.

We further forbid all abbots and prelates of our chapter to receive anyone henceforth to profession in the Order unless that person has reached the required age: a male, namely, having completed fourteen years, and a female twelve years.

On the Age of Brethren to Be Ordained.

We also forbid all the same prelates henceforth to promote their subjects, while under age, to major orders, contrary to the provision of common law and the ordinance of the supreme pontiffs.

On Novices Obliged to Perform the Canonical Hours.

We decree that all professed members and novices of our Order, even those established in no sacred order, are obliged to say the canonical hours every day according to the ordinance of the Rule.

The Twenty-Seventh Provincial Chapter Was Celebrated at Nuremberg for the Sixth Time, in the Year of the Lord 1490.

In the year of the Lord 1490, on the Sunday Misericordia Domini, the twenty-seventh provincial chapter was celebrated at Saint Giles in Nuremberg for the sixth time. In it presided the venerable fathers, the lord abbots George of Saint Stephen in Würzburg, Johannes of Saint Giles in Nuremberg, of [unclear]

of Nuremberg, Heinrich in Blaubeuren, and Blasius in Hirsau.

Concerning those who do not admit the visitors.

It has come to our ears by certain and weighty report that some abbots and monks have not only refused to admit their visitors, but, what is more serious, have even shamefully driven them from their houses with reproach and indignation, in manifest contempt of the chapter and canons of the order. Therefore we exhort all and each of the prelates and professed members established anywhere in our province in the order not to presume to attempt such things henceforth, under the penalty more fully expressed in the statutes above; and we wish that penalty to be applied without remission against rebels of this sort by the visitors themselves or by the presidents. Rather, all who are to be visited should meet their visitors cheerfully and reverently, receive them humbly and gladly, and treat them humanely; and, if need be, they should also provide them at their own expense with safe conduct as far as another monastery to be visited by them.

Concerning the visitation documents.

It pleased the fathers that, unless contempt intervenes, in the visitation documents henceforth they should not place words of command or threat under censures, but rather exhortatory or entreating words, by which they may draw the minds of their subjects toward virtues out of love, unless, as we have said, contempt intervenes, or where the matter concerns the transgression of the three substantial vows, or some evident necessity elsewhere compels it.

The twenty-eighth provincial chapter was celebrated in the year of the Lord 1493.

In the year of our Lord 1493, on Jubilate Sunday, the twenty-eighth provincial chapter was celebrated in the monastery of the holy apostles Peter and Paul at Hirsau, of the order of Saint Benedict, in the diocese of Speyer. In it there presided the venerable fathers, the lord abbots John in Sponheim, Conrad in Wiblingen, Bartholomew of Holy Cross in Werdea, and Andreas of Monks' Mount near Bamberg,

abbots of monasteries of the dioceses of Mainz, Constance, Augsburg, and Bamberg. In this chapter the statutes of the earlier chapters were newly confirmed, with this one addition, which follows word for word.

Concerning the confession of monks.

We will and ordain that every monk professed according to the Rule of Saint Benedict, in accordance with the Clementine constitution Ne in agro, De statu monachorum, must and is bound to make confession to his abbot at least once a month concerning matters that arise; and concerning reserved cases, to the abbot as often as he knows himself to have offended in such matters, under the penalties contained in the constitutions of the supreme pontiffs, general councils, or provincial chapters.

It was also established in the same chapter that the abridgment of the recess of the provincial chapters, after it has been printed and presented to the individual monasteries, should thereafter be read publicly at least once every three years.

The first bull of the Council of Constance for celebrating the provincial chapter, in which are recounted the evils that arise from the omission of chapters of this kind, and the benefits arising from their diligent continuation. In the year of the Lord 1416.

The executorial processes of the same bull, in the year as above.

Another bull of the same council concerning the method and form of choosing presidents. In the year 1417.

Another executorial bull of the said council against those rebellious and disobedient to the statutes and ordinances of the fathers of the order. In the year as above.

Another executorial bull of the aforesaid council, in the year as above.

Another executorial bull of the aforesaid council, in the year as above.

The Council of Constance issued executorial bulls against those disobedient and rebellious toward the provincial chapter or its presidents. In the year of the Lord 1420.

A bull of Pope Martin V: that during the time of the chapter others may be deputed and assumed in place of absent presidents; and that the presidents may, for reasons, change the place of the chapter, with extended authority to absolve from all censures and penalties those who submit themselves to regular observance with the mind and intention of continuing such observance. In the year of the Lord 1439. And this privilege is very broad with regard to irregularity, infamy, and other penalties and censures; and it extends only to those who submit themselves to regular observance with the mind and intention of continuing such observance. And it lasts until the express revocation of another general council or of the apostolic see.

The statute of the lord Heinrich, cardinal priest of the title of Saint Eusebius of the most holy Roman Church, Englishman, legate of the apostolic see throughout all Germany and the kingdoms of Hungary and Bohemia, that the father presidents should compel rebels and contemners of the sta[unclear]

of the statutes of the chapter, and to hear any causes whatsoever moved on that account. Done at Frankfurt, on the eleventh day before the Kalends of December, in the eleventh year of the pontificate of the most holy father in Christ and our lord, lord Martin, pope, the fifth of that name.

Statute of lord Ludovicus, cardinal priest of the title of Saint Cecilia of the Roman Church, of Arles, legate de latere deputed to the parts of Germany by the sacred general synod of Basel, lawfully assembled in the Holy Spirit and representing the universal Church: that during the time of the chapter the divine offices may be celebrated even in a place under interdict; and that the fathers, presidents, and visitors may absolve persons subject to the chapter from all censures and penalties, confirm elections, confer the office of benediction, and crown nuns. And this statute has force when those to whom confirmation belongs, after being solemnly required a third time before a public notary and witnesses, with no reasonable cause preventing them, have maliciously refused or neglected to confirm the same election without charge, according to the decrees of the aforesaid synod. Likewise, if those to whom this belongs by right, having been similarly required, have refused or neglected to bless abbots or abbesses, to confer upon them the office of benediction, and to crown nuns, or also to bless them according to the accustomed manner, without charge and according to the decrees just mentioned. Done at Frankfurt, in the year of the Lord 1446.

Penal statutes for the reform of the abbots and brothers of the Order of Saint Benedict of the province of Mainz, issued by lord Nicholas, cardinal priest of the title of Saint Peter ad Vincula of the Holy Roman Church, legate of the Apostolic See throughout Germany.

Statute of the same: that those entering monasteries of nuns without permission and contrary to the provision of common law incur the sentence of excommunication. Done at Mainz, on the twentieth day of the month of November, in the year of the Lord 1451.

Bull of Pope Pius, which confirms all the statutes of the said lord cardinal. Issued in the year of the Lord 1459, in the first year of his pontificate.

Bull of Sixtus IV, which also confirms all the privileges of his predecessors and of others, under several penalties and censures. Issued in the year of the Lord 1479, in the eighth year of his pontificate.

Privileges of secular princes.

Safe-conduct of Sigismund, king of the Romans, given to the visitors under penalties. Done at Constance, in the year of the Lord 1418.

Confirmation, approval, and admission of the reform and visitation by Albert, king of the Romans. Done in the year 1439.

Safe-conduct granted by the same to the visitors. Done in the year stated above.

A brief and summary recapitulation, or epilogue, of all the matters aforesaid: in what order and manner individuals ought to come together at the provincial chapter.

First rubric.

When any chapter is to be celebrated, those who are officials for the time being, namely the presidents, visitors, treasurers, and the one making the sermon there according to the ordinance of the seventeenth chapter, and certain others, ought to precede the chapter itself by four days, so that they may be present there on Wednesday and may more conveniently inform themselves, both about matters already transacted and about matters to be handled in their offices, and may at last be able to dispatch them more quickly. This should be understood of the presidents of each chapter, namely of the one to be celebrated as well as of the preceding one, as appears above, chapter 20. Concerning the one making the sermon, it has been ordained that his sermon first be examined, so that, if need be, it may be corrected and amended. The rest, however, whether abbots or procurators, ought to present themselves there, so that when the chapter is to be opened, no one may be found absent. Nor is the excuse of anyone to be admitted, except either of one who is ill, or who has deadly enmities, or certainly is so poor that he cannot conveniently present himself at the chapter without danger. Hence no procurator for any absent person without such true and manifest impediments ought ever to be ad-

be admitted. Likewise, no one may obtain letters of princes or nobles concerning his absence, under penalty of three florins. If, however, any one of the officials is absent, the others will nevertheless be able to proceed with the acts, according to the ordinance of chapter 20. But in the event that none of the presidents is present, the others who have assembled for the celebration may, for that occasion, appoint other suitable presidents, by the indult of Pope Martin V, whose bull is included among the acts of the first chapter. By the same indult, those presidents may also change the place of the chapter, together with the extension of the term, for due causes. Likewise, no one there, whether he is an official or not, may leave before the end of the chapter without the presidents’ permission, under the penalty stated above, chapters 3 and 4, and under sentence of excommunication to be imposed, as above, chapter 20. Also, no one coming to the chapter ought to have more than six mounts; if anyone does so, he must, within a month, place in the chest for the common benefit of the chapter three times as much as he is shown to have spent for the rest, as above, chapter 3; and if he has not observed this, at the next following chapter he must be condemned by the presidents to double payment, without any remission. Likewise, each one must contribute there three Rhenish florins, which they must pay either then or within the three-day period during which the visitators happen to be with them, without further delay, under penalty of excommunication; once the term has elapsed, the visitators are most strictly ordered to pronounce this against them, according to chapter 5 of the Benedictine statutes, as above, chapter 1.

How the chapter is to be celebrated, and how the fathers ought to conduct themselves in it. Rubric Two.

Therefore, if the time is at hand for the chapter to be celebrated, which has been appointed always to be celebrated every three years unless, for a certain and reasonable cause, it is extended longer by the presidents, then first, after the Mass and sermon have been held beforehand, and after the fathers have been gathered together in one place in the chapter room, and after the Benedicite has been said, following the reading of the martyrology and the passage from the text of the Rule recited by the reader, a formal protestation is to be made concerning the non-admission of excommunicated persons, as above, chapter 20. Secondly, the place for the future chapter is to be named and announced by the presidents.

That place must not be changed except for a grave and reasonable cause, and only by the presidents, and it can be changed as stated above, chapter 1. Then, according to the ordinance of chapter 17 and certain others, the presidents and the other officials of the future chapter are to be designated, and also the visitators of the monasteries, as well as the one who is to give the sermon and another who is to celebrate the Mass; not, indeed, under their proper names, but only under the names of their offices, so that if anyone should resign or die, or certainly be deposed, then the abbot of the same place would carry out the office enjoined upon him. For although the person changes, nevertheless the dignity, which does not die, always remains. Finally, action is to be taken concerning those matters that are to be corrected in the order, and those that perhaps are newly to be ordered and established for the benefit of the whole order. There one must begin first with those who are present: each of them must state his fault on the mat and voluntarily offer himself for suitable correction. Their visitators must accuse and proclaim them. But those who for that time are procurators of absent persons must undergo disciplines and other suitable penalties not only for themselves, but also for those who appointed them, such as the presidents themselves, according to the report of the visitators or other certain and evident knowledge of any kind, shall justly and reasonably have decreed are to be imposed. Secondly, the absent are to be dealt with, and so, in order, the remaining business pressing upon the order. Lastly, each matter issued and discussed is to be reduced to a certain form and inserted into the charter or recess. Nor may any layman be present at those discussions or be admitted there, except only a public notary and honorable witnesses. But even these must not be admitted indiscriminately; indeed, only when the act itself is now to be reduced into public form. In that form there must also be written the names of all the abbots present and of the procurators of the absent. All who are present must receive a copy of it. But they must send it to the absent persons for whom...

their procurators within two months, under the penalty expressed above in chapter 20. Likewise, in the chapter itself, when great and difficult matters are to be treated, the votes of each one must be carefully sought out; and each person must state his vote according to God and conscience, with humility and purity of intention, and must give the reason moving him.

Furthermore, it has been ordained how those present ought to conduct themselves there in their conversation: namely, that all, both abbots and the procurators of abbots, ought to strive for conformity of manners, especially in habit and tonsure; and no one is henceforth to use a bare biretta, but is to place the hood of the cowl itself under the biretta, as above, chapter 16. Likewise, during the three days over which the chapter continues, all ought to come together to one table, so that they may sit together and be refreshed together. There only two dishes of fish are to be served, one of eggs or fried foods, and two good pottages, with cheese or some fruits added, as above, chapter 7. The treasurers, however, ought to advance the expenses, and then collect them again from the contribution of the individual abbots, as above, chapter 9.

Likewise, there also the abbots and the procurators of abbots ought to present notices in which the names of the dead from the next preceding chapter are contained, so that in chapter they may be absolved, that is, by way of prayer, and prayers may be made for them. The form of these notices is as follows: Brother N., priest or levite, died on such a day in that place, etc., as above, chapter 4.

Concerning the presidents. Rubric Three.

The presidents who are to preside in the future chapter must, according to the ordinance of chapter 16, which was drawn from the constitutions of Benedict XII, be chosen by the presidents of the preceding chapter; and, according to the ordinance of chapter 13, only from among the reformed. Further, in that same future chapter over which they preside, they must choose, just as their predecessors did, all the officials of the chapter, namely the presidents, visitors, etc., and do the other things contained in the constitutions of the aforementioned Benedict XII. For they have authority in chapter to preside, to hear, inquire into, and discuss faults, and to impose penalties and penances according to the measure of the faults; to compel negligent visitors, under ecclesiastical censures, to execute faithfully the office enjoined upon them; to determine, in certain cases, an increase of the subsidy or travel allowance that is owed to the visitors by the monasteries visited by them, beyond three florins; to make ordinances concerning brothers to be sent to study; and to license brothers who, with pious intention, desire to pass from an unreformed monastery to a reformed one.

Against those who do not appear in chapter, and against all who hinder, oppose, or refuse to admit reformations and visitations, or in any other way act contrary to them, and also against those who do not obey the visitors, and against those who harm monasteries in goods, persons, etc., they have authority to proceed by censures, their authority applying jointly and severally. They also have authority, and are bound, to visit exempt and royal monasteries in person together with the visitors. Likewise, they have authority from Martin V to change, for certain reasons, the place appointed for holding the chapter, even with a prorogation of the term. The same aforementioned pope also grants that, if anyone elected president is unwilling to accept the office or cannot conveniently be present, then the other presidents, with the consent of the greater part of those making up the chapter, or, if none of the presidents is present, the others assembled for the celebration of the chapter, may choose and appoint other suitable persons as presidents for those occasions.

Concerning the chest and the keepers of the chest. Rubric Four.

A common chest is recognized as always necessary for the benefit of the chapter, so that in it may be placed the monetary contributions, the penalties for contumacy or for any other fault of the abbots, and also the other things that are received, either by the visitors or by the treasurers, as pertaining to the necessity or benefit of the chapter. But it is also necessary that this chest be kept in a safe and suitable place under trustworthy custodians, who are called treasurers. They have full power to exact penalties, under censures, from those who have incurred penalties, and likewise to absolve any who may perhaps have been excommunicated on account of the aforesaid matters. Therefore, in the fifth chapter of the monasteries

For this reason, in chapter 5 the monastery of St. Giles in Nuremberg was appointed as the place where the chest is now kept, and from there the treasurers were designated, who now have their office set out above. They must also provide the midday meal for three days at the provincial chapter, as above, chapter 9. And they must come to the chapter itself according to the ordinance set out above under the first rubric.

Concerning proctors. Rubric 5.

There are two kinds of proctors. Some are general, belonging to the whole chapter; it is their duty to see to it that the visitors carry out the office entrusted to them energetically and faithfully, indeed to compel them by censures if need be, and to report their negligence to those presiding, as above, chapter 13 and certain following chapters.

Others are special proctors, who are substituted for certain abbots unable to come to the chapter. Enough has been said above, in chapter 20 and in very many other places, such as chapters 4, 6, 11, 13, 17, and 18, about these proctors and the abbots substituting them: namely, how one proctor is not to undertake the cases of more than three abbots, except for the cases there expressed; and that they are not to be admitted unless an effective bodily oath has first been taken; and likewise many other matters that can be seen there. A form of procuration, for the sake of those ignorant of it, has also been inserted in the recess of the nineteenth chapter. It is as follows.

To the reverend fathers in Christ, the lord presidents of the sacred provincial chapter of the province of Mainz and diocese of Bamberg, of the black monks of the Order of Saint Benedict, to be held in the monastery N. of the diocese N. on the coming Sunday Iubilate, N., humble abbot of the monastery N. of the Order of Saint Benedict of the province of Mainz, offers whatever reverence and honor he can.

Reverend fathers and lords, since according to the praiseworthy institutes of the fathers a provincial chapter is coming to be held, to which I both ought and am bound to come in person, but because I am so hindered by such a cause that I cannot conveniently appear in person, therefore I constitute the reverend lord abbot N. as my envoy and true proctor, in the best form, with full mandate in my stead in the said provincial chapter,

to appear, promise, conclude, and do all things that I myself could and ought to do if I were personally present, with power to swear on my soul, if need be, that the cause alleged for my absence is true. Moreover, if a monetary collection should happen to be imposed by the chapter, he is to accept it in my person, and I promise that I will lawfully pay it if I am required. By the testimony of these present letters, I promise that whatever shall be duly and lawfully ordained in the same chapter I will hold ratified and acceptable, and will observe it, as far as I can, both for myself and for those committed to me. In witness of all these things my abbatial seal has been impressed on these presents. Given in the year of the Lord etc.

Concerning visitors. Rubric 6.

Visitors of monasteries and visitors of visitors must be elected by those presiding in the provincial chapter, as above, chapter 16, and only from reformed houses, as above, chapter 13. They are bound to know each and every thing that has been done and ordained in every chapter from the first to the last, so that, by first observing most strictly in themselves the law that they wish and ought to impose on others, they may at length require it more effectively from others and bind them to it, and may be able and empowered to punish transgressors, as they ought, with fitting vengeance, under the strictest account to be rendered in the dread judgment to come.

After they have come from the chapter, these visitors must begin their visitations within a year, under penalty of thirty florins, as in chapter 4, or of three florins for each monastery to be visited, as in chapter 20, indeed also under sentence of excommunication to be imposed, as in chapter 8, unless they are excused by reason of hostility, illness, or some other legitimate cause, as in chapter 13. And they must faithfully complete the work under virtue of holy obedience, keeping God before their eyes, to whom they will render a strict account, so that before they leave the monasteries they effectively reform, as far as lies in them, whatever is in those houses, according to the Rule of Saint Benedict, the canonical sanctions, and the statutes of the provincial chapter and of the order, especially in the three substantial matters, which are obedience, continence, and poverty. And where they do not find disciplines and ceremonies [unclear].

...valid; they ought to establish those disciplines and ceremonies which they have received as given to them by the chapter, as above, chapter 6, and from there they ought to make a report to the presidents concerning the first matters.

Likewise, in whatever diocese they have been appointed to visit monasteries of men, they ought also to visit the monasteries of nuns in it, just as do the others to whom care of them has been committed. Nevertheless, they must take care never to visit them out of desire to see them, since the sight of them is dangerous; and when they have finished there, they ought to withdraw at once, etc., 16.

They ought likewise to visit provostships, priories, and deaneries that are subject to certain monasteries, admitting, however, the abbots to whom they are subject, if they wish to be present. And those visited in such places shall pay half the collection.

They ought to perform the act of visitation itself according to the form prescribed to them by the presidents of the provincial chapter, without exacting an oath, after first setting forth the word of God, etc., 6. Nor ought they to constrain anyone by oath, or otherwise indiscreetly, to reveal and publish hidden offenses, unless the order of fraternal correction has been observed.

They may also visit again a monastery previously visited by them, if they see that this is expedient, but not for that reason exact procuration again and as often. Likewise, they can impose penalties, and ought to do so according to the requirement of the faults; and they may exact penalties instituted either by the provincial chapter or otherwise by anyone, both corporal and monetary. But the money which they receive, whether tributary or penal, they ought to send to the guardians of the chest, so that it may be deposited by them in the chest.

Likewise, for contumacy or rebellion and disobedience they can pronounce sentences of excommunication, and absolve from an imposed penalty after suitable satisfaction has first been promised. Likewise, if they find any rebels and resisters whom they cannot correct by themselves, they ought to denounce them to the neighboring president, so that he, with the assistance of such persons brought in, may proceed through ecclesiastical censure according to the measure of the fault. For all those are also excommunicated by the very fact who in any way either impede visitations from being carried out or abandon a reformation once begun, unless within the time to be set by the visitors they attempt to begin it again. Likewise, they ought to provide the record to every monastery visited by them. To these things, therefore, the visitors themselves are bound under obedience and the penalties noted above. If they have been negligent, whether in many matters or in few, they ought to be compelled by the presidents and procurators of the chapter, through ecclesiastical censure or another penalty, not to neglect the office entrusted to them.

Yet, lest they be compelled to do labor without reward and, contrary to apostolic tradition, to serve as soldiers at their own expense, it has been ordained that each monastery visited by them ought to give them three Rhenish florins for travel expenses. It has been committed to their consciences either to remit or even to increase those same florins for good reason.

Likewise, the visited monasteries are to guard their horses and other goods with the utmost diligence. And if, which God forbid, anything from their goods should happen to be lost or carried off, before all else the abbot and convent of such a monastery must pay without delay the value of the goods or things lost, without contradiction; and nevertheless they are to be punished for negligence by a penalty to be moderated by the presidents. And the same abbot must also provide safe-conduct for the visitors. If the visitors have been despoiled or harmed, he must likewise provide safe-conduct. The visitation is not to have six mounts, neither in the act of visitation nor in coming to chapter.

Concerning the Act of Visitation. Rubric Seven.

In the act of visitation, the eye of consideration of the fathers making the visitation must be directed chiefly to four things. First, namely, to the sites of the monasteries, as the more visible things. Second, to the persons dwelling within the sites of the monasteries. Third, to the conduct and discipline of the persons. Fourth and last, to the divine worship itself. If one considers the first of these diligently, it at once shows what should probably be thought concerning the second; and again...

and again, the second in some respect concerning the third, and so on.

Concerning the Places of Monasteries. Rubric Eight.

The Apostle says: “What is spiritual is not first, but what is natural.” Therefore, first, as has been said, one must consider external things, that is, places, as bodily matters. Places are of three kinds. Some are necessary, such as the oratory, cloister, refectory, dormitory, infirmary, bath, storehouse, cellar, a place for guests with the abbot’s house, kitchen, and the porter’s cell with the chapter room. If any of these places is lacking, it must be built within a year, by virtue of holy obedience, or repaired if it has fallen down; and those who are negligent must actually be punished by the visitors, as above, chapter 3.

Some places, however, are matters of well-being, such as a garden, bakery, mill, workshop for binding books, and the like. Others are superfluous, harmful and contrary to the regular norm, such as wandering, secluded, and suspicious lodgings belonging to certain houses. These must either be utterly destroyed or converted to some other, better use of the monastery, under the same obedience as above.

The oratory, which is first among the necessary places, must be furnished with lights, altars, and ornaments that are clean, pure, and decent; the choir with seats, pulpits, and chant books; the sacristy with chalices, corporals, missal books, sacred treasures, and vestments and ornaments pertaining to the divine office and ministries, as is said in chapter 1, where these words are also added: “We will,” it says, “that within a month provision be made for clean, decent, and secure vessels and a place in which the Eucharist is to be reserved.” The same statute has provisions there and in the following sections concerning the baptistery. Books, with the other ornaments, are to be kept under careful custody. These things are to be understood and observed concerning treasures and seals, and certain following chapters likewise wish the same. Therefore the visitors must diligently attend to each of these matters concerning the oratory.

And concerning these things they must consider: what revenues, offerings, and so forth pertain to the oratory and sacristy; likewise, in what manner, whether simoniacally or not; likewise, under what appearance of vice property is possessed; and so concerning the other matters. And in the same way a similar ordinance applies to the other officials, such as the abbot, cellarer, and so forth: whether every year they render an account, and in what manner.

For it is prescribed in the above-mentioned third chapter, and also in the first, by virtue of holy obedience and under penalty of excommunication to be imposed by the visitors, that every abbot shall hand over to the visitors in writing a distinct account of the ancient and present state of his monastery, and that all officials shall present to them a faithful account of receipts and distributions. Likewise, inventories are to be made; places are not to be leased out except according to the Benedictine constitution, which must also be observed in receiving spoils from benefices and in loans and sales to be made. Transgressors must be punished severely, even beyond the penalties contained in the aforesaid constitutions. These things concern the oratory. The rest concerning the other places will appear below in the section on the discipline of persons.

Concerning the Persons Who Dwell Within Monasteries. Rubric 9.

The persons who dwell within monasteries, if they are not professed, must be not only necessary and useful, but also respectable and free from suspicion. Therefore all who are superfluous, disreputable, and suspicious must be removed far from the boundaries of the monasteries. Those, however, who are already professed or soon to be professed must be considered very carefully, both according to the quantity of their number and according to the quality of their condition. For everywhere the number of monks once established ought, if resources suffice, to be preserved whole, or at least as many as can conveniently be supported, as above, chapter 1, and in certain following chapters; through them the divine worship may be performed perfectly and laudably. From them sufficient and necessary officials are to be appointed according to the disposition of the Rule: namely, abbot, prior, deans, cellarer, porter, infirmarian, and so concerning the rest. And especially some suitable men...

who are to instruct the young sufficiently in the elementary sciences, according to the form of the statutes of Benedict XII, as above, chapter 1 and 3. And some are to be brought from reformed houses elsewhere, if the monastery itself has not previously been well reformed.

Likewise, not only nobles are to be received, nor only Scots, but according to the rule one sort as well as another: the freeborn as well as one converted from servile status, the poor man who has nothing at all as well as the rich, powerful, and very well supplied man, as above, in the same chapter, and commonly in many others, as 16 and 17. Nor should anything be demanded from them, nor should any of them promise anything for his reception, whether through himself or through others, nor otherwise promise that he will give anything, except what, without agreement, he himself or his parents may wish or have wished by free will to offer at the altar, or otherwise to the monastery or to God. And those received in this way, when the year of probation has elapsed, are to make profession and promise stability according to the rule, as above, chapter 2. Without that probation, too, no one is to be received into obedientiaries: neither one recently coming from the world, nor one arriving from another monastery with letters or without letters, as above, chapters 8, 13, 15, etc.

Also, henceforth brothers should not be received without the permission of their superiors, nor be permitted to wander. If any have been received up to now, even by authority of the Apostolic See or with otherwise sufficient permission, they should nevertheless all be recalled within two months, namely, and instructed according to the statutes of our order, under penalty of excommunication and suspension, as above, chapters 1 and 2. Or they should even be sent back to their own monasteries, if they were received without sufficient permission and authority, under the same penalty, as above, chapter 8. Fugitive or wandering monks should not be received without letters of commendation from their abbots or from the nearer president; nor should they even be lodged except for three days, as above, chapters 8 and 12, under the same penalty. Likewise, no one should be received or permitted to remain in the province if he has laid, or had laid, violent hands either on a monk or on an abbot, as above, chapter 12, under the same penalty.

Likewise, concerning persons it must further be considered whether all are present; whether some are sick or in prison; whether some are fugitives and not recalled, or dismissed with general permissions, which henceforth should not be done; whether some are in priories or provostships; whether some are in study or in another unreformed monastery, even with a special mandate. For no one should be sent from a reformed house to an unreformed one except for the sake of reform. In all these matters, and likewise in the following ones as also in the preceding ones, the visitors must both show and exercise exact diligence according to the mandate of those presiding, in virtue of holy obedience, as above, chapter 1.

Concerning the discipline of persons dwelling within monasteries. Rubric 10.

The discipline of monks is to be weighed and considered in many respects, both according to the rule and also according to the statutes of the fathers. First, however, concerning the exterior things of a person, namely tonsure and clothing: by whom garments are supplied to the brothers; whether by a common wardrobe-keeper, or whether indeed they have them through friends or from some property of their own; and whether provision is made for each equally, or differently, without illness or another reasonable cause. Likewise, whether the garments are according to the statutes of the fathers: only such as are necessary, namely, and religious both in material and in form.

Second, concerning food and fasting: whether all, except the sick, are fed in the refectory without eating meat; whether there is a reader at table and ministers who, according to the rule, enter on Sunday with a blessing. For it should not be permitted that individual monks, or any of them, have special youths or servants as ministers, as it has been found to happen in certain monasteries. Nor should anyone obtain anything for himself through himself, through labors, through friends, or through any others whatever, or receive anything even not obtained in advance but offered freely without permission; rather, he should expect everything from the father of the monastery. And if the eating of meat is at times granted to some for cause, this should be done only on certain days and only in the infirmary, where no layperson should be admitted. But on the road, or outside the monastery, no healthy person should eat meat, just as neither should he within the monastery. Likewise, whether alms are given from what is surplus. And whether the ministers perform their washings on Saturday at the Mandatum.

Likewise, concerning fasting: whether the fast both of the church whether he duly observes both the ecclesiastical and the regular fast; when and how, and with whom, dispensation is made for a second meal in the refectory; when also they use oil, and when eggs or butter; how in Advent, and how in Lent.

Third, concerning nocturnal rest and silence: namely, whether all sleep in one dormitory, girded and clothed; whether each sleeps in a separate bed, or two in one bed, which ought not to be done; whether seniors are mixed with juniors; whether the dormitory is closed, and when; whether the prior has keys to all cells; whether they sleep in woolens; whether the cells are sufficiently latticed, as they ought to be, under penalty of excommunication latae sententiae; whether the beds are frequently inspected because of private property; whether silence is kept in the dormitory, oratory, cloister, and refectory after Compline, and in chapter and at other times and places, in the manner and form set down in the Rule.

Fourth, concerning subjects: whether they are obedient; whether they are proprietors, possessing anything whatever from offerings, Mass stipends, labors, offices, or any other sources whatsoever; whether there is a report of incontinence concerning anyone.

Fifth, concerning shaving and bathing: when, how, and with what discipline they have them; and, concerning the sick, how they are provided for; whether they have an infirmarian and cellarer who are diligent and fear God; whether the sisters and the others in the convent, and also they themselves, are provided with suitable food; whether they have appropriate comforts at the proper time; and whether the young are instructed by competent masters in morals and ceremonies, and also in the elementary sciences; and by whom, whether by monks or seculars; and whether any are at study.

Sixth, how they conduct themselves toward one another: whether humbly and charitably; and whether, after a disturbance has arisen, they seek reconciliation according to the Rule.

Seventh, how they conduct themselves toward outsiders and strangers: whether perhaps they are too familiar with them, or whether, because of them, or also because of relatives, friends, or parents, it often happens that they leave the monastery. Likewise, conversely, whether they receive guests who come to them with all kindness, to lodging and to table, with the prescribed washing of feet and reading of the divine law.

Eighth, how they conduct themselves when leaving the monastery: whether they leave with permission, and whose permission; whether with a companion, and what sort; with how many horses and servants, and what sort; whether with a blessing both when going out and when coming in; whether also with fitting habit and books of hours, and so forth concerning the other matters about which above, chapter 1, and below in the following rubric.

Ninth, concerning individual persons, a particular consideration and inquiry must be made. First, concerning the abbot: whether before election he had been reformed, or at least had remained in reform for a year; whether afterward he continued the reform; whether he attended chapter and paid the contribution; whether he gives an accounting each year; and whether he handed over in writing the state of his monastery to the former visitors; and whether he obeyed them in all their ordinances; whether he alienated, pawned, or handed over the goods of the monastery to a friend; how he confers benefices; how he orders offices, whether with counsel or according to his own opinion; whether he has priories, provostships, or churches annexed to the monastery; how he confers them, and on whom. Likewise, whether each year he receives an account from them and holds a chapter; whether he frequents choir or devotes himself to hunting; and so concerning the other matters that are noted above in various places about the abbot, and will still be touched on below in certain rubrics. And so also one must proceed in like manner with the prior, cellarer, custodian, vestiarian, and the other officials, with each according to the requirement of his office. Likewise with the porter: whether he is old and mature, joining the others for refectory, dormitory, etc. Likewise whether they permit women to enter or to live inside; whether the brothers frequently go out; and so concerning the other matters. All these things are set out more clearly in the recesses of the first and third chapters, and also of other chapters, and in the method of visiting, folio xiii, as well as in the bull of lord Nicholas, the legate often mentioned, whose points are given below in the final rubric.

Tenth, concerning the daily chapter: whether they practice it daily whether it is practiced with exposition of the Rule and correction of faults?

On the propriety of outward habit. From chapter 1. Rubric 11.

We ordain and establish that all are to wear large and broad tonsures, so that the circle of them does not exceed the space of two transverse fingers; and that they conduct themselves properly in clothing, habits, and footwear, according to the Clementine Ne in agro and the constitution of the aforesaid Pope Benedict.

Concerning the form and propriety of garments: namely, that the brothers are to wear tunics and garments next beneath the outer habit, of black, brown, or white color, according to the custom usually observed among them; round, ankle-length, not slit, nor marked by any other deformity; having broad sleeves extending to the wrist, in no way buttoned or knotted, yet not so broad that their width above the wrist, with the thumb raised, can be stretched out. Nor should they extend around the elbow-opening, as is the abuse of certain persons, farther than so that the arm can easily be turned and inserted within.

They are to be content with almuces of skins in place of hoods. Yet with the abbot’s permission they may use decent hoods in places where they are accustomed to wear them, slit over the shoulders for a length of at least four transverse fingers.

For linings in garments they are not to wear sendal, or miniver, or other precious materials, but are to use only the skins of lambs or young lambs for the said linings, or at least other non-precious cloths; nor are the linings to appear in any way above the collar or at the ends of the garments or sleeves. Furthermore, when they have to go outside the monastery they may wear a frock, cowl, or cloak, and beneath the cloak, if they wear it, a cowl or scapular. The lay brothers are to use a cowl within the monastery, cut open on both sides, and outside the monastery; and the boys are to use a scapular with a hood attached to it both within and outside the monastery.

But because some use the aforesaid habits more ample and long, while others use them less so, for that reason we have thought fit to insert in the present statutes the breadth and length of the aforesaid garments, which we wish to be observed.

And first, beginning with the hood of the frock, we ordain that its breadth is not to reach the elbow-opening by the thickness of two transverse fingers, nor may it be narrower or so short that it does not extend as far as the middle of the elbow and of the upper bone near the shoulder. The said hood, however, is to extend behind at least as far as the belt, but may not extend beyond it by as much as four fingers. The length of the sleeves is to extend one cubit beyond the hand, and their width is not to exceed another cubit and a half. Yet below it is to be so broad that steps may easily be taken within it. And what has been said about the frock we wish also to be understood of the cowl, the sleeves being excepted, since it has none.

Within the monastery, in places where there are twelve monks, all are to use the frock. But in other places where there is not so large a congregation, they may use cowls; and if they wear these, no one is to use the frock, except only the president of the monastery and the first after him, whom we wish always to wear the frock. Yet in duties, namely in the divine office beneath the alb, and when riding beneath the cloak, they may use a scapular, which is to have at least the breadth of half a cubit.

They are not to use linen sheets and canopies, but are to wear either a woolen or a linen garment in place of the aforesaid shirts. And they are to wear boots or shoes, or high laced shoes, so that their height covers on the leg a space of four fingers above the ankle. If they have been negligent in any of the aforesaid matters, or if within three months after they have come to their monasteries, as stated above, they have not complied, then, beyond the penalties imposed by law, we wish them to be punished by their superior in religion, or, if they have no superior, by the aforesaid visitors, in such a way that it may serve as an example to the rest.

On divine worship. Rubric 12.

The office in divine worship, both day and night, at the hours

at the appropriate hours according to the Rule, devoutly, slowly, and deliberately, not by rushing through or abbreviating it. Nothing is to be preferred to this work; but as soon as the signal has been heard, leaving behind everything that was in their hands, all must hasten to it with due gravity, lest levity find fuel there, as above, chapters 1 and 3.

For this reason also the signal for Matins, which must be held at midnight, as above, chapter 1, and for Prime, and for Vespers, must be prolonged for at least a quarter of an hour, where above and in several of the following chapters. And lest, because of a shortage of persons, some might be able to excuse themselves for performing this worship less perfectly, it has been ordained above, chapter 3, that everywhere as many monks must be kept and received as can conveniently be supported from the goods of the monastery; and those negligent in these matters must be punished most severely.

The abbots and the others must also celebrate, confess, and communicate as is contained in the constitutions of Benedict XII concerning the celebration of Masses. And all who according to law and the Benedictine sanctions ought to have been constituted in orders must be promoted to orders within the year, as above, chapter 1, and in the following chapters.

This too must be considered by the visitors: whether there are any churches annexed to the monastery, and whether any Masses are to be performed within or outside the monastery; how many they are, how they were founded and received, how they are performed, and by whom. Likewise the same must be done concerning anniversaries and other foundations or votive actions. And finally concerning readings, manual labors, and also meditations, whether they are regularly applied to them.

Concerning Monasteries of Nuns. Rubric 13.

Those things which have been said concerning monasteries of men must also be observed in monasteries of nuns, insofar as they pertain to the articles relevant to them, as above, chapter 1 and following. Nor should secular girls who are not there for the sake of conversion be permitted there, as above, chapter 16. They must be under perpetual enclosure, as above, chapter 1, and as is contained in the constitution of Boniface which begins Periculoso, De statu monachorum, book 6. These women the visitors and others to whom care of them has been committed must never, out of a desire to see them,

visit, as was touched on above in the rubric concerning visitors; nor should they enter their enclosures unless great necessity or utility requires it, as above, chapter 16. The confessor of the same women is also wholly forbidden entry of this kind, in the same chapter. Nor should anyone be appointed their confessor without the consent of at least one president.

Concerning the Method and Form of Reforming Monasteries, according to the tenor of the bull of lord Nicholas of Cusa, cardinal priest of the Roman church of the title of Saint Peter in Chains, and legate from the side for Germany. Rubric 14.

First, that the prelates of the monasteries to be visited be so instructed that, by fitting habit and tonsure, by uprightness of life, gravity of conduct, the word of teaching, and the example of holiness, they may preside laudably and fruitfully over their subjects. They are to correct and amend the excesses of individuals according to the Rule and the statutes of the order, without any dissimulation. They are to recall all their fugitive brothers and absent monks, within a term to be established for them by the visitors for this purpose, except those who preside over annexed parishes. And no one is to be permitted to use damnable private property; rather, all things are to be brought into common use.

Against the incontinent, both prelates and subjects, let stricter discipline and censures proceed, so that not only the vices of public incontinence may be punished worthily, but also every occasion from which suspicion of incontinence could arise may be removed from their midst.

The three substantial points of the Rule are especially to be preserved most completely by all, so that no dispensation or contrary custom may ever avail anyone against them. Silence is to be kept in the oratory, refectory, and cloister, etc. Likewise the brothers are to be refreshed under table reading, which is to continue until the end of the meal. The eating of meat is to be most strictly forbidden to all healthy persons in every place and time.

Likewise all are to sleep in the dormitory, as far as possibility permits, girded with belts or cords, upon mats, mattresses, or blankets. They are not to use linen shirts and sheets. Due care is to be applied concerning the enclosure of monasteries

With regard to the enclosure of the monasteries, he shall apply due vigilance. Entrance into the precincts of the monastery is not to be open to women, even those not suspected. Nor is it lawful for any religious, except officials, to leave the precincts of his monastery without the special permission of his superior.

All who are healthy shall observe the fasts, both those instituted by the rule and those instituted by the Church. They shall perform the divine office, both by day and by night, fittingly and distinctly, as is proper, at the appropriate hours. When this has been completed, they shall apply themselves to reading or to manual labor, according to the requirement of the time and of their business, and according to the direction of the aforesaid rule.

Books are to be supplied to the brothers at the appointed time. They shall inspect each brother’s beds, on account of private possessions. He shall observe the chapter of faults daily; in it, after the readings of the martyrology and the rule have first been made, he shall proceed, if there is need, to the exposition of the rule and to the examination and correction of faults.

He shall also see to it that the brothers appointed for this do not neglect, at the proper times, confession, communion, and celebration. He shall provide diligently for the monks concerning food and drink according to the disposition of the rule. Suitable places in the monasteries themselves are also to be assigned both for sick brothers and, for the time being, for guests who arrive; to all of these care and humanity shall be shown according to the disposition of the aforesaid rule. They shall lead guests to prayer; a reading shall be read to them for edification, and he shall wash their feet.

With the utmost diligence he shall take care that monasteries are not burdened with unbearable loads of debts, and that their goods are not dispersed or alienated, in accordance with the sanctions of Benedict XII and other apostolic sanctions, and the oaths sworn by abbots at their confirmation and blessing; alienated goods, if there are any, they shall carefully recover.

Abbots, provosts, priors, or rectors shall diligently protect and preserve the rights of those monasteries. They shall use their fruits, revenues, and proceeds for the common benefits of the monasteries. And each year they shall give a lawful account of their revenues and of the state of their temporal goods. They shall abstain from superfluous and unbecoming riding-horses, and from hunting dogs and birds. Nor shall any religious within the precincts of the monastery

presume in any way to have weapons or to contract confraternity.

These and other things handed down by the holy fathers and by canonical and regular institutions, according as the character of the time and the condition of persons requires and as seems salutary to the visitors, they shall renew by establishing them in monasteries and places that have fallen away from regular observance, for the introduction of holy reform. And they shall take care to commit them to due execution, causing all and each of these things to be firmly observed by ecclesiastical censure, by our authority which, through the present letters, we commit to them.

Thus, at the instance of the reverend father in Christ, the lord abbot of the monastery at Saint Giles in Nuremberg, a prelate of the aforementioned order, whose wish he greatly desires to satisfy, Georg Stuchs of Sulzbach, citizen of Nuremberg, with his craft as leader and fortune as companion, brought to its preconceived and intended end the present volume: divided and arranged in brief form into the form of visiting the monasteries of both nuns and monks of the Order of Saint Benedict throughout the province of Mainz and the diocese of Bamberg; into the manner of celebrating a provincial chapter of the same every three years; into an abridgment of the recess of each provincial chapter celebrated from the year of grace 1417 up to the present; into a summary of the privileges granted to the aforesaid order; and into an epilogue briefly expressing the foregoing matters.

In the year of the incarnation of the intelligible divine Word, from the Holy Spirit and from Mary ever virgin, 1493, on the twelfth day before the Kalends of the month of October. May the most blessed Benedict aid us in attaining the clear intellectual and most blessed vision of him. Amen.

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OF MUNICH.

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