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

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Folio II

An abridgment of the capitular recesses of the fathers of the Order of Saint Benedict throughout the province of Mainz and the diocese of Bamberg, celebrated from the time of the Council of Constance down to the year of the Lord’s incarnation 1493; and also the method for visiting monasteries of both sexes, together with a summary of the privileges of the aforesaid province, diocese, and order, happily begin.

On the visitations of monks, the preface begins. Chapter 1.

“You shall visit your brothers, to see whether they are acting rightly.” 1 Kings 17. In these words it is briefly indicated what sort of visitation of monasteries there ought to be. For the visitation itself ought to be charitable, not hateful: 10, q. 3, Cavendum. And this is marked in that phrase, “your brothers.” For the visitor, in order to produce a worthy fruit of his visitation, should show himself brotherly and charitable to those who are to be visited, and should know that he is the brother of those to be visited, not their lord; he should hate vices, but love the brothers: dist. 86, Odio; 23, q. 4, Duo. And in the Rule of the holy father Benedict, chapter 2, What sort of man the abbot ought to be. For if visitation is to be fruitful, it must be charitable; for charity is the proper gift of Catholic unity and peace: 1, q. 1, Multae autem. And where charity is not, justice cannot exist: 24, q. 1, Ubi. Therefore visitation must be carried out from charity, without hatred and cruelty: 10, q. 3, Cavendum.

Secondly, visitation ought to be examining, that is, investigative concerning the life and morals of those to be visited: 10, q. 1, Episcopum; Extra, De statu monachorum, Ea quae. And this is indicated in the word “you shall visit,” that is, “you shall examine.” Thirdly, visitation should be discreetly deliberative; and this is indicated when it says, “whether they are acting rightly.” But these matters will be spoken of at the appropriate places. Therefore let visitation be such as was instituted by the holy fathers, and it will bring much fruit. For if it is done duly,

it is the reform of order, the preservation of discipline, the restoration of peace and concord, and the consummation of all honor and beauty. For it raises up what has collapsed, gathers what is scattered, reforms what is dissolved, reintegrates what is broken, brings back what wanders, joins together what is torn apart, and suitably preserves the things that are holy and just. It restores 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 due obedience to be shown by subjects to chapters. Let it cease, and the discipline of religion will quickly expire. Finally, if it is neglected [unclear]. For it is what preserves the obedience of the good and humbles the insolence of the contumacious. For it makes offenders fear, and embraces those who are advancing in the bosom of charity. Few are those who obey from love; servile fear restrains many from evils. And happy is the necessity that compels one toward better things. For as the bristle introduces the thread, so initial fear introduces charity. De pe. dis. 2, § hec que, before the end. And woe is there where fear has perished from the earth. Micah 7; 16, q. 7. And we have said these things, after me. Since therefore visitation was instituted for this, that gains of souls may be sought through it, 10, q. 3, it is to be guarded against; all visitors must carefully weigh what is required of them. And lest they deviate from the statutes of the ancients, they should always strive to imitate their forms and examples. For the sake of this matter the present formula of 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 due order of their office, may avoid various and dangerous errors.

Who has authority to appoint visitors of monks. Visitors of our monks. Chapter 2.

Visitors are to be appointed by the presidents of the provincial chapter, as in Extra, De statu monachorum, c. In singulis, where it is said as follows: [unclear]

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

What sort the visitors ought to be. Chapter 3.

Furthermore, in order that the visitors may be able fruitfully to visit others, religious men of the same order are to 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, careful, 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 constitution of the same council and in the other constitutions of the said Honorius, our predecessor. Thus there. And they ought to be diligent, De statu monachorum, Attendentes, in Clementines, De censibus, c. 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 wish and, under the solemn attestation of the strict examination of the last judgment, enjoin upon you, namely the visitors, that at every time, and especially during your visitation, in all conduct, life, morals, and discipline, you strive to bear and conduct yourselves so religiously, holily, and honorably that to the others to be visited by you, not so much by word as by example, you may offer the form of all perfection; proceeding during the time of visitation in fitting habit, with a suitable household and mounts, and

honorable, not superfluous: that each should be content with a chaplain and a servant, with three horses; let moderate refreshment suffice for you without murmuring. Thus he.

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

Let the visitor be a companion to the good through humility; but toward the insolent and those who despise discipline, let him show the severity of his authority, because governance is diminished if too much humility is shown by prelates toward subjects. 86 dist., Quando. And yet this severity must be tempered with kindness. 45 dist., Disciplina, and c. Sunt. Therefore, from among the fathers, if it can be done, let the better men always be appointed to this office, men who know and are able to take counsel for the needs and cases of individuals; men who first do in their own affairs what they try to do in those of others. For thus in c. 6 our provincial fathers said, c. 5: “Visitors appointed by the sacred provincial chapter shall first and before all things visit and reform themselves and their monasteries, with those subject to them everywhere, lest, when they direct their eyes to the reform of others, the weak mutter under their breath and say, ‘Physician, heal thyself.’” Luke 4. Therefore let them first begin with themselves; then let them visit and reform the other monasteries committed to them, both of monks and of nuns, with such diligence as they can. To this pertains De censibus, Romana, book 6, and 2, q. 7, Iudicet and the two following chapters; 25 dist., Primum; 61 dist., In sacerdotibus. 83 dist.: “No one rightly assumes the office of a monitor unless he condemns errors by his own actions and shows love of innocence by his manner of life.” 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.”

III

Lastly, That Visitors Should Have Zeal for God and for Souls. Chapter 4.

Finally, the visitors themselves must, according to knowledge, be zealous for the salvation of those to be visited, so that they do not conduct their office negligently and in passing, lest, with the lazy servant, they be judged useless by the sentence of condemnation. And let them have zeal for regular discipline and for the constitutions of the fathers, knowing beyond doubt that they will be richly 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 let their zeal be discreet, lest, if, which God forbid, they correct sinners indiscreetly, they themselves incur a graver fault. 24, q. 3, Non imperpetuum. And where they find things worthy of some correction, let them correct not from love of vengeance nor from hatred, but from zeal for justice. 23, q. 4, final section. And the just and holy are indignant at sinners not through hatred but through zeal for discipline. 45 dist., Vera iusticia. Nor should they be remiss where fault has deserved discipline, because if they leave the faults of offenders 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. 83 dist., Nemo. He has the guilt of the doer who, when he is able to correct, neglects to amend. 86 dist., Culpam; 83 dist., Error. And not to correct the wicked but to foster them is to kill them. 23, q. 5, Qui viciis; 45 dist., Sed illud. And it is not charity but weakness if evil morals are not corrected. 23, q. 5, Non putes. And yet this correction

[Correction?] ought not to be indiscriminate, but, according to blessed Gregory in the Moralia, judging justly, holding the balance in its hand, it should carry justice and mercy in either scale-pan. Dist. 45, Omnis. For the harshness of excessive rebuke receives neither correction nor salvation. Ibid., Cum beatus, and c. Disciplina. Therefore, lest zeal be deemed indiscreet, let it be tempered with mercy and gentleness.

That visitors should be discreet in their inquiries. Chapter 5.

Those also who are appointed as visitors should be wisely discreet, imbued with the divine Scriptures, and experienced in this business either in themselves or in others, lest they rashly believe things that ought not to be believed, or impudently conceal things that ought to be believed. For either is an evil. For he who believes quickly is light of heart. Ecclesiasticus 19. And we ought not quickly to believe evil things about others. Dist. 86, Si quid. And evil things concerning 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, Ecclesiasticus 19: Do not believe every word. 11, q. 3, Non solum per [unclear]. But to wish to believe no one is the mark of an impudent man. And indeed the innocent man always believes well and judges well of others. Proverbs 14. 22, q. 4, Innocens. Therefore visitors should 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 worthiness of faith and seriousness of conduct. 4, q. 3, § Item in testibus. And there throughout. Therefore, insofar as it can be done, visitors ought diligently to examine the intentions, motives, and causes of those making depositions, lest perhaps they be moved by no just reason. Finally, our fathers decreed thus on this matter: Visitors ought especially to be zealous for religion, mature and discreet in character, 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 [unclear].

Dedication to the pope. 1.

the spirit. 1 John 4. Nor should they condemn anyone on mere suspicion or on the deposition of a single witness. But manifest matters do not need accusation. 2, q. 1, [unclear], § In manifestis, etc. and following. I judge him, too, to be not a lover of charity but a deceitful man, who for the sake of defamation or revenge reveals a brother's hidden crime. 5, q. 5, Qui ambulat; 6, q. 1, Summa. By crime one can understand not only a mortal offense, but also 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, no one should be judged or condemned. 30, q. 5, Nullum ante veram, etc. and following. And in such matters two or three witnesses must be brought forward. 2, q. 5, c. 1, etc.; Placuit.

Therefore visitors should be cautious in judging such secret matters, in order to avoid scandal, unless the person has been convicted or has confessed of his own accord. 2, q. 1, Nos vero quemquam, and following; Nomen presbyteri, and following. But 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 following; q. 8, Qui crimen; 3, q. 10, Eos, and following. It must also be guarded against that matters which have been corrected and punished be taken up again anew. Extra, De accusationibus, c. De his; and 2, q. 1, Prohibentur; 23, q. 4, Si illic. Thus also the holy fathers established.

Let everyone beware, moreover, lest by [unclear] he disturb the minds of his brothers or of his fathers. Furthermore, if any secrets have been revealed to the visitors themselves, they should 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 outcry of an accuser is not necessary. Same title, c. Evidentia.

If at any time they perceive that some matters have not been properly proposed, let them act as prudent men; and, so far as can be done while preserving the truth, let them not readily believe them. And if they must be believed, nevertheless those things of which it is not known with what intention they are done should be interpreted in the better part, because we ought rather to presume good than evil. De regulis iuris, c. Estote. And in such matters the intention of the deponent is to be weighed rather than his words. For if someone sets forth true things from an evil intention, the intention makes a good work evil. 23, q. 5, Cum minister.

Let visitors be cautious and especially discreet in examining the excesses of prelates; since they have to correct the sins of others, they frequently incur the hatred of many and suffer snares. Extra, De accusationibus, c. Qualiter, ii. In all things let them always act in such a way that they do not lose the form of charity. For correction ought to 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 ought to 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 to the one chastising. c. Cum beatus Paulus; 12, q. 2, Fraternitas; 24, q. 3, Corripiantur. These and other testimonies of discretion, the mother of virtues, 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 presidents. Chapter 6. Once the presidents, not only in Mainz but also in other provinces, used to require from visitors an oath concerning the diligent fulfillment of their office. This, however, is not done in our times, nor do I judge that it would be useful or necessary; because one whom the spur of his own conscience does not drive to exercise diligence is scarcely or rarely compelled by another's command. Nevertheless I have wished to insert the form of the oath here, so that, when [they have sworn?]

[unclear] is read, let it be considered what is to be done. It follows thus, namely the form of such an oath as I found in ancient books.

I, brother N., abbot of such-and-such a monastery, appointed by the reverend fathers in Christ, the lord presidents of the provincial chapter recently held in the monastery of N., as visitor of the diocese of N. with respect to the monasteries of our order, swear by these holy Gospels of God that I will carry out faithfully and diligently, to the best of my powers, the office of visitation enjoined upon me, according to the Rule of Saint Benedict and the decrees of the holy fathers, setting aside love, hatred, favor, and any other disordered affection whatsoever. So may God help me and these holy Gospels. Those who were 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, chapter In singulis, where it is said: “Let religious and circumspect persons also be appointed in the same chapter, who, in our stead, shall take care to visit the several abbeys of that kingdom or province, not only of monks but also of nuns, according to the form prescribed to them.” “In our stead,” he says, so that, while authority is weighed in the visitor, none of those being visited may dare to rebel. Their authority is more fully noted by the abbot above, in the same chapter, and in the final chapter of De statu monachorum. Nevertheless their power is limited, as in the chapter In singulis, because they cannot depose the rector of a place from his office without a special mandate.

For if they see that he must be removed altogether, let them denounce him 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. Exempt persons, however, are to be denounced immediately to the lord pope. Visitors should also have monks corrected by the abbot of the place, as in the same place, chapter 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 stead of the lord pope, without respect of persons, not sparing rebels on account of their obstinacy or the power of their friends, but rather casting the diseased sheep out of the sheepfold lest it infect the healthy sheep. Nor is there to be appeal from correction: De officio ordinarii, chapter Licet; and De appellatione, Ad nostram; and chapter Reprehensibilis; and chapter Cum speciali. Understand this unless the one correcting should exceed the measure: 23, question 4, Qui peccat.

Visitors, therefore, according to the decree of Honorius III in chapter Ea quae, if they find monks offending, should command the abbots of the places to correct them, as in the aforesaid constitution it says in these words: “But if abbots, in correcting according to the command of the visitors and the regular institutes, are found negligent in themselves or in their monks, let them be proclaimed and corrected, and let them be punished publicly in the general chapter in such a way that their penalty may be an example to others.” And note according to what is said there: a visitation of this sort ought to be made plainly and without the noise of judgments: De accusationibus, Olim. For regulars are easily removed from their administrations: De simonia, chapter Per tuas. And therefore the judicial order is not in every respect to be observed in inquiries of this sort. Let them inquire diligently, and let them correct and reform, both in spiritual and in temporal matters, the things which they see must be corrected.

But it is asked whether the bishop of the place can visit the monasteries of his diocese. It is answered that he can, as in the chapter [unclear], In singulis, section Porro.

He can visit them, but he ought not to bring secular persons in with him, as Hostiensis notes there in the gloss. For the visitation which the visitors make does not take away the bishop’s own jurisdiction, as is noted in the same chapter In singulis. Custom, however, has otherwise; for bishops also very often commit their own turns to abbots.

Likewise, concerning the authority of visitors, the fathers in provincial chapters also enacted several things. Whence chapter 1 says: Visitors can make statutes imposing penalties heavier than those in the constitution. [unclear]

in [unclear] against disorderly monks or those forgetful of their profession, etc. Likewise, chapter 6, section decretum, says as follows: Where they do not find disciplines effective for reform, let him institute new ceremonies according to 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 may bind those to be visited by a bodily oath to tell the truth, as in the constitution of lord Nicholas [unclear], chapter 3; and these matters must be discussed in their own place. In chapter 15 all those to be visited are instructed 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 greater penalties than are expressed in the constitutions, and to compel rebels, by ecclesiastical censure, to obedience to their commands.

But sometimes many impediments occur concerning the visitations of monasteries. For sometimes the monks themselves and abbots maliciously obstruct these by themselves; sometimes through the ordinary bishops; sometimes through princes; and often through their blood-relations, friends, and supporters. What must be done in these cases, if they occur, I shall try to make clear from the statutes of the fathers. In chapter 15, which was celebrated second at Seligenstadt, we read the statute.

That no one may obstruct the so salutary office of visitation by any contrived device or pretext: we will that each and all abbots, provosts, priors, and their professed members who refuse or contradict their visitors, and those same rebels, disobedient persons, and those who obstruct the office of visitation by nod, word, deed, or writing, or who arrange, procure, or by any device, by themselves or through another or others, directly or indirectly cause or attempt that it be obstructed by their friends, noble or ignoble, or by any subordinates whatsoever, so that the visitors cannot freely and quietly exercise this office of theirs, incur sentence of excommunication by the very fact. The visitors themselves are also bound to publish this same sentence of excommunication against them and to hand it over for due execution. But if the visitors cannot execute the aforesaid things, in chapter 21, celebrated fourth at Nuremberg, it was thus decreed: that the disobedient and contumacious persons visited should be denounced to the nearest of the presidents, who shall proceed against them by appropriate remedies of law on apostolic authority. And in chapter 23 this statute follows: We also strictly forbid anyone henceforth, by himself or through others, in any way to make arrangements with diocesans, princes, or any other temporal lords whatsoever, so that visitors are not admitted; nor let him attempt in any way that those visitors, who do not need the permission of the ordinaries of the place, since they are directed by apostolic authority, are not to be admitted, under penalty of thirty Rhenish florins, to be paid irremissibly to the chapter as often as any of the abbots and other rectors shall do the contrary. Moreover, this penalty seems to be imposed on the rectors of monasteries, without removing the aforesaid provision that they are to be compelled by ecclesiastical censure to obedience.

If a Bishop Wishes to Visit with Us. Chapter 9.

It is sometimes accustomed to happen that the ordinary bishops of the places wish to visit monasteries with us; whether they should be admitted in this way or not is often doubted. To settle this scruple, it must be considered that the bishops’ impulse to visit monasteries with the visitors of the order has two causes from which it arises. Either they do this from zeal for discipline, or from the contrivance of malice. If for the first reason, if their zeal is known and the necessity of visiting the monastery is so great, they may be admitted, but only in their own person, because laymen ought not at all to be present at a visitation unless it is very necessary.

[unclear] are to visit, even if the bishops have not been negligent.

How visitors are to be received and treated in the monasteries. The time for visiting. Chapter 11.

The time for visiting is to be fixed by the presiding visitors themselves, as is stated in Const. Bene., XII, chapter 2. Yet we find in the older statutes of the fathers the command that, within a year from the time of the chapter that has been held, they should fulfill the office of their visitation. It belongs to bishops, however, to visit every year, 10 q. 1, Relata, and c. Decrevimus.

Concerning the time of visitation, in chapter 7 held at Bamberg, it was laid down thus: "Let the visitors faithfully complete within the 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 poses the following question formally: "I ask," he says, "with respect to its saying that visitation is to be made every year, whether it is enough that it be made at the end of the first year and at the beginning of the second." The gloss on whether it suffices refers to the note in the same title, In singulis, where it is concluded that it does not, because in this way it could, in the case of chapter In singulis, be deferred up to six years, to the prejudice of the monastery; nor would that satisfy the law, which wishes it to be done from three-year period to three-year period.

Stephen says the same, because visitation is made for correcting things committed, not for things to be committed. Therefore, if the first was sufficient, the second will have nothing to correct. Paulus 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 a year between the first and the second, but a two-year period. Hence it seems that they ought to be equally spaced; argument from De consanguinitate, Quod dilectio, as Paulus thinks. This is precisely true with respect to chapter In singulis, because the text there says "from three-year period to three-year period." Thus Franciscus Zabarella in the said chapter.

From these things it seems one should say that visitation ought to correspond to the chapter: as often as the chapter is held, so often also visitation should be held. We also have this in custom, that regularly we visit from three-year period to three-year period. This, however,

...in chapter Attendentes, namely, appears to concern nuns only; bishops are no less ordered to visit them.

Whether a visitation can be repeated? The answer is that it can, if there is a reasonable cause. On this matter, in chapter 17, in the third chapter celebrated at Nuremberg, the fathers decreed as follows: We ordain that after the visitors have once visited some monastery and have received procuration from it, if they judge it expedient for the more abundant observance of regular discipline, they may, by the authority of the chapter, exercise the office of visitation again as often as it seems useful to them; and they are also to be received as true visitors, yet without the exaction of procuration. Francis Zabarella says the same thing 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 in the first year must be completed from the time of the chapter celebrated, and afterward can be repeated as often as there is need; but procuration ought not to be received except within a three-year period.

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

When, therefore, visitors come to some monastery for the purpose of visitation, let them be received and led to prayer; if they are not neighbors and frequently received, let their feet be washed, and let them be treated charitably. In conventual places let the abbot of the house give way and recognize them; let him not take it amiss if he has others set over him. 2, question 6, Quis scit. Yet the abbot himself, according to his custom, should give the blessing to the people in every place, not the visitors. For this has been decreed in several chapters: that visitors be received with honor and reverence and be treated charitably, as is fitting, in all things.

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

In the first two chapters it was decreed that none of the visitors should dare to bring with him more than twelve mounts, under the penalty contained in the same chapters; therefore at that time it was permitted for visitors, and also for those coming to the chapter, to bring twelve mounts with them. Then in the third chapter, which was celebrated at Fulda, it was decreed that a visitor should not bring with him more than six mounts. But Nicholas of Cusa, cardinal legate, in his form of visitation, which he handed over to the visitors, commands that each visitor should be content with a chaplain and a servant, with three horses. Nevertheless, in the same constitutions of lord Nicholas the cardinal, he commands the visitors themselves to conduct themselves decently and to have honorable servants, so that they may not be burdensome to those visited. In chapter 15, celebrated at Seligenstadt for the second time, there is such a statute: The visitors themselves too shall have an honorable household and company, and each of them shall be content with the number four, unless a reasonable cause demands more.

How long visitors ought to remain in one monastery.

Therefore, lest the visitors become burdensome by the expenses of visitation, they shall strive to dispatch themselves as quickly as they can; and, as the fathers decreed, they shall not make a stay beyond three or four days in one place visited by them, without evident necessity. But if such things occur as demand delays of a longer time, they shall strive to dispatch themselves in such a way that they prove in all things that they seek not themselves but God and the peace of the visitors. Let the visitors also advise their servants to conduct themselves honorably and without murmuring in all things.

Chapter 14.

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

Since sometimes, especially among those who hate being corrected, frauds and deceits are wont to occur against the visitors themselves, with malicious or wicked persons lying in ambush at the gate for those under them, lest the malicious should gain advantage from their own wickedness, the fathers in chapter 5, at Würzburg, first...

having been celebrated, they thus established. This sacred chapter decreed and established that, when visitors come to any monastery for the purpose of visitation, the abbot and convent of that monastery shall have the horses and belongings of the visitors guarded with the greatest diligence. But if anything of their goods or belongings should happen to be lost or taken away, before all else the abbot and convent of that monastery shall without any contradiction pay at once to those visitors the value of the goods or belongings lost. And nevertheless such negligence shall be punished in chapter at the discretion of the presidents. This was also often established afterward in other chapters.

Of the penalty for visitors who neglect to visit at the due time. Chapter 16.

Since the increase of holy religion and regular observance arises in no small measure from frequent and diligently performed visitations, lest so wholesome an institution of the fathers be brought to nothing through the torpor of negligent visitors (for where the governance of discipline is despised, what remains is that religion suffer shipwreck: De statu monachorum, Attendentes, in Clem.), the fathers in almost all chapters celebrated up to now have imposed penalties on visitors if they neglected their office. And first, indeed, in the constitution of Benedict XII, chapter 3, concerning visitors, it is said thus: But if the visitors themselves have neglected to carry out their office, we will that they incur automatically 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 established thus: This sacred chapter further decreed that those appointed to visit, if they have neglected the time appointed for them, namely within the year, shall pay the penalty like those who neglect to come to chapter, that is, thirty Rhenish florins, with moderation and just assessment reserved to the discretion of the presidents in the provincial chapter. And in chapter 19, celebrated at Bamberg for the second time, it was established that all visitors who have not completed their visitations as enjoined on them shall be bound, for each monastery not visited, to pay three florins to the chapter as a penalty, especially in the case of monasteries of men, unless they have a legitimate cause excusing them. This same thing was likewise established in chapters 20 and 21. Besides these things, however, the presidents, whenever it seems necessary to them, can also impose other penalties. Concerning these matters also the constitution of Honorius III, Extra, De statu monachorum, chapter Eaque, speaks thus: Let the following visitors diligently investigate the traces of the earlier 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 visitors are robbed on the way in the course of their office. Chapter 17.

Finally, if (which God forbid) [unclear] robbed in the course of their office [unclear].

When the visitors first come to any monastery to be visited. Chapter 18. How they should begin.

Therefore, when the visitors have gone to visit some monastery, if it can be done, on that same evening they shall summon the abbot and convent, the monks and professed lay brothers, to the chapter place, or on the following morning at an hour that they have decided is suitable; when these have been gathered, they too shall enter. And when all have sat down, one of the visitors shall say: Benedicite.

When they have answered, Dominus, let him add these or similar words.

Venerable father and beloved brothers, religious in Christ. If you have read the record of the last chapter, celebrated at N., you have certainly understood that we, although insufficient, have been appointed as visitors for you; but if you have not read the record, nevertheless we are ready to fulfill the office enjoined on us. Therefore we have come for this reason, that, according to the precepts of the chapter,

as far as our ability permits, we obediently visit you.

And let him add:

We also do not doubt that you know that, in the order of visitation, three things are chiefly to be done. First, the visitors themselves ought to present themselves to those to be visited in the chapter-house, and to make known their authority to visit, and to put first a prayer according to the custom of the order, and an exhortation according to the character of the time and of the persons; on the state of monks, Attendentes, in the Clementines, and in the constitutions, chapter [unclear], and in [unclear]. Secondly, there ought to be a diligent examination of those to be visited, and an inquiry into their morals and the state of each; 10, question 1, Episcopum, and question 3, Cavendum; on the state of monks, chapter Eaque. Thirdly, the final conclusion and the due correction of offenders, chapter In singulis.

Since, therefore, even in the least matters divine aid must always be implored, and, as blessed Dionysius says in the fourth chapter of On the Divine Names, in spiritual matters one must above all begin from prayer, it is fitting that we also 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:

To you have I 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 handmaid 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: reproach for those who abound, and contempt for the proud. Glory be to the Father. As it was [unclear]. Kyrie eleison. Christe eleison. Kyrie eleison. Our Father.

According to the season let them bend their knees. One of the visitors:

And lead us not into temptation. Save your servants. Send them, O Lord, help from the holy place. Be for 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 aid, that they may seek you with their whole heart and may deserve to obtain the things which they worthily ask.

O Lord, we beseech you, anticipate our actions by your inspiration and carry them forward by your assistance, so that every work of ours may always begin from you and, once begun, may be ended 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.

After this let the visitor make an exhortation.

Note that the visitation ought not to begin from examination or correction, but from exhortation. Chapter 19.

as in De statu monachorum, Attendentes, in the Clementines; as also notes Franciscus Zabarella on that chapter, 18, question 2, Visitandi, and chapter Semel. This is also contained in the statutes of the chapter in this way: Then one of the visitors should make to those to be visited an exhortatory address on discipline, on brotherly charity, on peace, on spiritual progress, on perseverance, and on other virtues according to the requirement of the persons or of the time.

How necessary matters are to be deposed. Chapter 20.

When the exhortation has been finished, let the visitor next admonish those to be visited how and in what manner they ought to conduct themselves in their depositions, and let him say thus in order:

Beloved brothers, although, having often been visited, you are not ignorant of the form of the visitation itself, nevertheless, on account of those who have more rarely been present at visitation, I shall briefly touch upon the manner and form in which you ought to conduct yourselves in depositions. First, we exhort you all and each one of you that, just as visitation was instituted for this purpose, that vices may be rooted out and virtues implanted, so also each one in making proclamations should direct his intention to the proper end. Likewise, each one should make deposition out of charity, if he has seen anything that must necessarily be amended, and not out of hatred, which God forbid, nor out of aversion, because this would be a grave sin. Likewise, each one should take care to observe what is due and honorable in depositions of this kind. Likewise, let no one withdraw those things which worthily

are punished. Likewise, let no one, making much of those small things that are corrected daily, set them down as though reserved by us for greater confusion, unless they were such things as seemed worthy of correction. Likewise, let each one of you keep before his eyes zeal for God and for souls, and conceal none of those things that ought to be brought to light. And when notice has been given in this manner, let a place suitable for examination be assigned to them; to it let the brothers come in order, beginning with the prior down to the last one established in sacred orders.

On Whether an Oath Is to Be Required or Not Required from Those Being Visited. Chapter 21.

But it is rightly asked whether those who are to be visited ought to be bound to speak by oath and to answer the truth about the matters asked. To know this: as I found in the ancient statutes, also of other provinces of the order, where it seemed necessary an oath was required from those being visited. This also now seems to me sufficiently reasonable, especially if the monks have conspired, or made a pact, or maliciously concealed the truth. And I think that this statute, which I approve, should be strengthened.

Nicholas of Cusa, cardinal legate, writes as follows, among other things, to the visitors of the province of Mainz and the diocese of Bamberg: But because among very many people words of exhortation profit little unless a coercive penal censure is also added, therefore in the monasteries or places which you shall visit for the time being, after the act of salutary exhortation, when a bodily oath has been received from all concerning speaking the truth in their examination, you shall proceed according to the tenor of the commission delivered to you by our other letters.

Likewise, in the statutes of the chapter I found the contrary. For in the sixth chapter, held at Erfurt, the statute is read thus: It also pleased the fathers that, without demanding an oath, after first setting forth the word of God, the visitors themselves should complete their act. This same thing was established in the following chapter, held at Bamberg, [unclear]. Similarly also in certain others. What then? If he requires an oath, does he commit an offense against obedience, contrary to the statutes of the fathers? If it is not to be required, why did the cardinal legate of the apostolic see and magnificent doctor order it to be required? Can it never be required, and can it not be required? Plainly, I think it is so. Where it is necessary and useful, it can be required; but it ought not lightly to be required. And he took care to insert here such a form of the oath at hand, just as he also found it in the more ancient institutions of the fathers, so that if at any time it should be necessary, there should be no need of long inquiry.

The Form of the Oath and the Manner of Swearing, with the Hand Placed upon the Text of the Gospel, [unclear]. Chapter 22.

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 will speak the truth; and also all things that I know to require your reformation, and that are necessary for the reforming of the monastery entrusted to you to know, I will faithfully disclose to you. So may God help me, and these holy Gospels of God. Saying this, let him place his hands upon the Gospel according to Luke.

At that time, as 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 you sucked. But he said: Rather, blessed are those who hear the word of God and keep it. Amen.

On Examination. Chapter 23.

Concerning examination and inquiry: when the visitors have been prepared and are seated at the assigned place, let them have great diligence in inquiries of this kind, in asking all necessary matters one by one. And if anything worthy of correction has been deposed, let one of the visitors mark it on a sheet, which he should also guard diligently, lest it ever come into the hands of anyone. And concerning conspiracies, pacts, and oaths

XIII

First, let them inquire whether perhaps the abbot has presumed any such thing against the visitation. And if they find any such things, let them release them, as in Extra, De accusationibus, c. Olim.

Concerning general matters, the things written below, or at least some of them, may be inquired into.

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

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

Likewise, whether all are professed, and how.

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

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

Likewise, whether any or all are proprietors.

Likewise, whether any are fornicators, and who.

Likewise, whether they are chaste, as befits religious.

Likewise, whether, when healthy, they eat meat; whether all do so or some; where, when, and how often.

Likewise, whether they observe silence in the four forbidden places, and whether they do the same at night-time or not.

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

Likewise, whether there is always reading at table for those eating.

Likewise, whether all eat together in one refectory.

Likewise, whether all sleep together in one place, and whether they are clothed and girded according to the Rule.

Likewise, whether they use linen garments or linen sheets.

Likewise, whether they sleep on feathers or mats.

Likewise, inquiry can be made and questions asked about their habit and tonsure.

Likewise, whether they continually wear the monastic habit.

Likewise, whether they run about outside the enclosures of the monastery without permission of their superiors.

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

These and similar matters may be inquired into in general, as shall seem expedient to discreet visitors.

Inquiries about the divine office should also be made thus or similarly.

Likewise, first, at what time they rise for matins.

Likewise, whether they sing matins and all the other hours, or some.

Likewise, at what time they rise for prime.

Likewise, at what time they perform the other hours.

Likewise, whether they discharge the hours slowly 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 come together for the work of God.

Likewise, whether consecrated vestments and ecclesiastical ornaments, books, chalices, and other things are handled cleanly.

Likewise, how many masses are celebrated daily.

Likewise, whether they sing 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 manner of life, since the state of monasteries is often led in either direction by their merit. And many things indeed occur that should be inquired into; but, with a few and the greater matters marked out, let the visitors themselves investigate the rest.

First, therefore, let inquiry be made whether he also has zeal for God and for souls, as befits a shepherd.

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

Likewise, let him ask about the state of temporal goods, what it is like, and how each item is spent. These and similar matters may be inquired into in general, as shall seem expedient to discreet visitors.

Inquiries about the divine office also [unclear] to be made for him.

Likewise, first, at what time they rise for matins. Likewise, whether they sing matins and all the other hours, or some. Likewise, at what time they rise for prime. Likewise, at what time they perform the other hours. Likewise, whether they discharge the hours slowly 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 come together for the work of God. Likewise, whether sacred vestments and ecclesiastical ornaments, books, chalices, and other things are handled cleanly. Likewise, how many masses are celebrated by day. Likewise, whether they sing high mass every day. Likewise, how often the brothers will 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. Likewise, first, therefore, let inquiry be made whether he also has zeal for God and for souls, as befits a shepherd. Likewise, whether he diligently visits the choir and the divine and conventual places.

XIV

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 frequently and without reasonable cause wanders outside the monastery.

Likewise, whether he takes superfluous mounts with him.

Likewise, whether he has suspect familiars, or ones harmful to the monastery.

Likewise, whether he has any suspect intimacies with women.

Likewise, whether he has in any way been marked by incontinence.

Likewise, whether he admits women into the monastery, and what sort.

Likewise, whether he diligently preserves temporal goods.

Likewise, whether he is excessively intent upon cares for temporal goods.

Likewise, whether he provides necessities for the brothers according to the Rule.

Likewise, whether he burdens the monastery with debts.

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

Likewise, whether in matters to be done he acts according to the Rule with the counsel of the convent, or not.

Likewise, whether he has subject monasteries; 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 last 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 shall be need; it would be tedious to set them all out here.

Likewise, questions concerning the other officials and brothers.

Concerning the other officials, however, questions are to be framed according to the need, namely:

Whether there is a prior; who he is, of what sort, and how great.

Likewise, whether he is useful to the convent in procuring 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 sees that the other regular statutes are observed.

Likewise, whether he is diligent in the office committed to him.

Concerning the cellarer: who he is and of what sort. Of what sort.

Whether he diligently fulfills his office.

Whether he duly attends the divine offices and conventual services when he is otherwise free.

Whether he diligently provides necessities for the brothers according to the Rule.

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

How often he renders account to the abbots concerning 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 property.

Whether he is too anxious about temporal affairs.

Likewise, whether he diligently observes the Rule in fasts, vigils, etc.

Concerning the other brothers, however, the visitors shall inquire, according as seems opportune to them, about mutual charity, peace, obedience, continence, private property, etc.

But where the abbot is diligent in correcting, there will be less inquiry concerning the simple brothers.

Finally, after all have been examined, let the abbot himself also be examined, in case perhaps he wishes to say anything. And let the greater articles concerning him, which the brothers have deposed, be set before him; let him be advised seriously, that he may amend. But if there is anything of such a kind that it ought not to pass without correction, and he denies it, the testimonies of those deposing must be examined more carefully, until the truth becomes more clearly evident. Nevertheless, tumults and scandals are to be guarded against.

Concerning the last proclamation of each one. After the examination has been begun according to custom in the chapter. Chapter 24.

When it seems opportune to the visitors, let all be summoned to the chapter-place to continue the act of visitation. When they are seated, let one of the visitors say: Bless ye. And when the response has been made: The Lord. Let him add:

Dearest brothers, there now remains, as you know, the final execution of our visitation, which, for bringing it to completion, to God

with [God] assisting, we have come together; and we exhort Your Charities that you also charitably receive our admonitions, which we make in charity, since we intend only to accomplish what accords with our salvation and yours.

And he may add general matters reported or observed, for admonition and correction. Then the lay brothers, novices, and sub-priests, that is, those not yet constituted in sacred orders, are to be called to the mat, one after another, or two by two; or certainly any concerning whom such a matter has been reported that they deservedly ought to be accused. When the one called comes to the mat, let him bow moderately; and let the visitor tell him his faults; and he shall at once lie prostrate on the ground until he is ordered to rise.

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

Penances are to be imposed at the visitors’ discretion, with discernment, according to the manner of daily accusation. 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 the final exhortation to be made. Chapter 25.

After all who are to be accused have been accused, 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 explain how such things are contrary to the Rule and harmful to the soul, etc., and the other things in this manner, as shall seem expedient to them. At this exhortation, moreover, the other professed monks and lay brothers not belonging to chapter, who had gone out, may be recalled and be present, unless something else prevents it.

On the customary absolution. Chapter 26.

When these things have been completed according to custom, let all humble themselves for absolution, bending their knees, and say the 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 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; 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 psalms to be said be enjoined on each; on the lay brothers, 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:

Dearest brothers, we ask that the things we have said or done here to all, or also in private to individuals, you receive charitably, and that you think nothing else of us than that we have done everything in charity. Also, I ask you to forgive me for the things said above by me; and if I have offended anyone by words, or if I did not speak as I ought, or otherwise than I ought, impute it to my lack of skill, not to my will, etc.; 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 the charter of visitation to be made. Chapter 27.

According to the statutes of the fathers, once the visitation has been completed, the condition of the monks visited will have to 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—

concerning the cellarer and the other officials, and lastly concerning all matters in general. And he shall also enjoin, under penalties and censures if need be, in part or in whole, the observance of the matters set down below. At the end of the charter he shall state how often in the year it must be read in chapter, and shall enter the condition of the monasteries in respect of the number of persons and the amount of revenues, or also of debts. Let him seal the charter with the two seals of the said visitors, as testimony for each point. And it should be noted that the abbot is bound to render to his visitors an account of all revenues, according to the statutes of the fathers, as was established in chapters 1 and 2 and in many other places. The visitors shall have a copy of the charter transcribed by themselves or by the monks visited, not by a secular person, who ought not to know the defects of the monks. And they shall carry this copy with them, to be sent on to the chapter. Let the visitors take diligent care not to hand over to the abbot the schedules of the deponents, lest occasion be given for acting maliciously, however zealous he may be; but let them take them with them to disclose them to the lord presidents, or certainly, if they have no need of them, let them burn them in the fire.

What is to be received from those visited for the expenses of journeys. Chapter 28.

Every abbot and convent visited is bound, according to the decrees of the fathers, to pay three Rhenish florins without any contradiction, as in chapter 11 and in the three immediately following. Hence in the same place it is said thus: The whole community of the fathers decreed that every abbot visited is bound to pay the visitors three Rhenish florins for their travelling expenses, unless the visitors themselves, for some good consideration, wish to act more moderately. Thus there. But let the visitors see to it that they require necessary things in such a way that they do not hide avarice under the appearance of need. For a procuration of this kind ought not to be burdensome, but moderate: 10, question 3, Cavendum, and [unclear].

If visitors or their servants should dare to accept any gift or any money, offered in any way by those visited. Chapter 29.

Because gifts make the giver and the receiver turn aside from justice: 11, question 3, Pauper, and chapter Qui rector. It is strictly forbidden to all visitors to accept any gift from those visited, or any money offered in any way or by anyone, either by themselves or through their servants, as is said in [unclear], chapter 15, concerning visitors, where it has as follows: Visitors and their servants shall receive no money on such an occasion or in any other manner; nor shall they, or any of their people, presume to receive any gift, of whatever kind or quality it may be, offered by anyone, so that they may not seem to seek the things that are their own, but those that are Jesus Christ’s. Therefore we establish and ordain that all and each of the visitors of this kind, or their servants, who, besides the expenses to be furnished to them only in victuals, shall presume to demand or receive money even from one willing to give it, or if they themselves, or any of their household servants, shall presume in any way to receive gifts, they shall be bound within a month to restore double what they have received to the church or monastery or other place of the same order or religion from which, or from whom, it was received; otherwise, from that time forward, let visitors of this kind who delay restoring that double amount to them beyond the aforesaid time know themselves to be suspended from office and benefice until they make full satisfaction for this double amount to the churches or monasteries or places thus burdened, no remission, liberality, or favor of the givers being of any force for them in this matter. And nevertheless, if it is expedient, the visitors thus suspended shall be compelled by the presidents to restore the aforesaid double amount, by apostolic authority, through ecclesiastical censure and through other suitable remedies, with the obstacle of appeal removed. Thus there. Therefore let the visitors forbid their chaplains and servants to accept anything from anyone on account of visiting during the time of visitation,

their customary expenses, under penalty; but if they do not do so, and those men receive anything, they will not be immune from the guilt of prevarication.

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

If need be, the abbots and convents visited shall provide, at their own expense, safe-conduct for their visitors from one monastery visited to another, to be visited at the appointed visitation, as has been established in many provincial chapters.

That visitors reveal the secrets of those visited to no one. Chapter 31.

But let the visitors beware that they presume not to reveal to anyone, especially to secular persons, things entrusted to them or even discovered by them in visitations; nor indeed to their own brethren, nor to any familiars whatever. For what each does not wish to be done to himself, let him not do to another. For he is fraudulent who reveals secrets, 6, question 5, Qui ambulat. And in the constitution of Pope Benedict XII, chapter [unclear], it is said: 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 revealed any secrets to them in visitations, except only when, on account of such things revealed, it will be necessary to proceed to someone’s punishment or penalty. But otherwise let them punish those revealing, more or less as the character of the deed shall require, according to the judgment of the presidents. Thus 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 shall be need, as best I could, I, brother Johannes, abbot in Sponheim of the diocese of Mainz, have copied out and humbly offer to the lords president of the provincial chapter to be examined and corrected. If they approve it to be observed in visitations, I shall not be deprived of the fruit of my labor; but if they reject it, by humbly submitting myself I shall be endowed with the reward of humility. In the year of the Lord 1490. [unclear]

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

Furthermore, the visitors who, according to the aforesaid constitution of that general council, shall have been deputed in provincial chapters of this kind, are to be suitable, diligent, and discreet in carrying out their office of visitation; and they shall observe all 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.

But if the visitors themselves negligently omit to carry this out, we will that they incur by the very fact those penalties which are incurred by those who do not come to the provincial chapter without having a canonical impediment.

And because we desire that the conduct of the aforesaid visitors of this kind proceed with all sincerity, we prohibit any visitor from being able to be visitor in the same year of the visitor deputed to him. And the aforesaid visitors, or their familiars, in a cathedral church, monastic church, monastery, or other place of that order or religion to which they have had to turn aside for the purpose of visitation, shall by no means remain more than two days, unless evident necessity or the great advantage of such a church, monastery, or place required a longer stay there by those visitors or their 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 the same churches, monasteries, and places visited; they shall not seek sumptuous banquets, but with thanksgiving shall receive what has been honestly and fittingly served to 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 seem to seek not the things that are their own, but the things of Christ.

we decree and ordain: that all and each of visitors of this kind, or their attendants, who, beyond the expenses to be supplied to them only in victuals, shall presume to demand or receive money, even from one willing to give it, or if they themselves or any of their attendants shall likewise presume in any way to receive gifts, shall be bound within a month to restore double what they have received to the church or monastery or other place of that order or of the same religion from which it was received. Otherwise, from that time onward, visitors of this kind who put off restoring that double amount beyond this time shall know themselves to be suspended from office and benefice until they render full satisfaction for this double amount to the churches or monasteries or places thus burdened, no remission, liberality, or favor on the part of those who gave it being of any force for them in this matter. And nevertheless, if it is expedient, those visitors so suspended are to be compelled by the presiders over the said chapters, and by each of them, to restitution of the aforesaid double amount, by apostolic authority, through ecclesiastical censure and other suitable remedies, the obstacle of appeal being removed.

And because it proceeds from the virtue of prudence if the way is closed to scandals, we forbid the aforesaid visitors to presume to reveal to others those persons, or the names of those persons, who have disclosed to them any secrets in visitations, except only when, on account of disclosures of this kind, proceedings must be taken for someone’s punishment or penalty. Otherwise, persons making such disclosures are to be punished more or less, as the nature of the deed shall require, according to the judgment of the same presiders.

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

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

Monks ought not to be among a throng of people, for they are therefore called singular because they ought to avoid the multitude of human beings. 16, q. 1, Si cupis.

A monk, according to the etymology of the name, should lead a solitary life; he should be content with his cloister, because just as a fish lacks life without water, so a monk without a monastery. Therefore let him sit alone and keep silence, because he is dead to the world, but lives to God. Let him recognize his name: for monos in Greek is in Latin “one”; achos in Greek is in Latin “sad.” Hence “monk” is said, that is, one and sad. Therefore let him sit sad and attend to his duty. 16, q. 1, Placuit communi.

Apart from illness, permission neither to taste nor to take meat is granted to a monk. But if anyone shall presume against the rule, let him be subject for a space of six months to confinement and penance. De cons., dist. 5, Carnem.

Monks ought to be subject to their abbots in 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 someone has become a monk, all things that he had are to be transferred to the monastery, nor can he thereafter hand them over to anyone. 19, q. 3, Prelatum.

It is not lawful for a monk to vow vows without the consent of the abbot; but if he has vowed, it must be broken. 20, q. 4, Monacho.

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

A monk ought never to be idle, because every idle person is among desires; but he should always be engaged either in prayers or in manual labor that befits his state. Let him love the knowledge of the Scriptures, and he will not love the vices of the flesh. Let body and soul strive toward the Lord. Let his sense 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 conse., dist. 5, Nunquam.

Monks may neither make spiritual co-parents for themselves nor have familiarity with women. 18, q. 2, pervenit ad nos.

Monks are not permitted to live with nuns or to dine with them. 18, q. 2, diffinivimus, and in the two following chapters.

Monks are not permitted at their own pleasure to expel abbots or appoint others. 18, q. 2, nullam.

Women are forbidden to enter the monasteries of monks. 18, q. 2, c. pervenit ad nos.

A monk is not permitted to possess anything of his own. 12, q. 1, non dicatis, and c. quia tua; but all things ought to be common to them, c. scimus.

Incontinent monks are to be confined in work-prisons for severe penance. 27, q. 1, impudicas. 12, q. 1, non dicatis.

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

A congregation of monks, however holy it may seem, is rarely found without an admixture of wicked men. 47, dist., quantumlibet. And this is a saying of Augustine to Vincent the Donatist, where he also says: “As I have found it difficult to find better men than those who have advanced in a monastery, so I have not found worse men than those who have fallen away in a monastery.” Hence I think it was said in the last chapter of the Apocalypse: “Let the just man be justified still, and let him who is in filth be filthy still.” Thus there.

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

A monk has the office not of teaching but of lamenting, that he may mourn either himself or the world, and wait fearfully for the coming of the Lord. 16, q. 1, monachus.

Monks who fail in religion are the worst, and those who make progress are the best. 47, dist., quantumlibet.

True and religious monks, if good, are to be honored before the rest. 16, q. 1, qui vere.

Monks are not to be received into a monastery for a price, nor are they to be allowed to have private property. De statu monachorum, c. monachi.

A monk who has private property is to be removed from communion of the altar; and if such a man is found at the point of death, he is not to receive burial among the brothers. Ibid., and c. super quodam, and c. cum ad monasterium.

Monks are bound to keep continual silence in the oratory, dormitory, refectory, and cloister. Same chapter, cum ad monasterium.

Healthy monks are not to eat meat. Ibid., § in refectorio.

From the Summa of Brother Angelus, on religious persons.

Whether religious are bound to be perfect. It is answered that they are not, except with that perfection to which they have bound themselves; but they are bound to tend toward perfection, according to Thomas, Second Part of the Second Part, question 186. Contempt of 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 though professing themselves to be perfect, but as professing that they are tending toward perfection. Hence they would indeed be liars if they turned their mind away 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 by sacrifices another’s flesh is slain, but by obedience one’s own will is slain. 8, q. 1, sciendum.

Obedience ought to be promised in writing, which is by custom and by the precept of the Rule of Saint Benedict. Likewise, he who knows that he has been set over others should not take it hard that someone has been made prelate over him; but let him himself also render the obedience that he demands.

It is often not expedient to obey commands. 11, q. 3, non semper. It is not always evil not to obey commands: when a lord orders those things that are contrary to God, then indeed one must not obey. And the following chapter, and c. Iulianus, c. si is.

One must obey superiors promptly. 93, dist., si inimicus.

God must be obeyed chiefly. 8, dist., quae contra.

XX

11 q. 3, Imperatores.

A monk ought to obey his abbot more than the bishop in those matters that pertain to the Rule. 18 q. 2, Quod sit, § Nullus, and c. Abbates, 9 q. 3, Conquestus.

The commands of superiors must be obeyed even if they themselves act otherwise, unless they have erred in the faith. 2 q. 7, Sacerdotes.

Never should evil be done through obedience; but sometimes, rather, a good may be omitted because of obedience: [unclear]. 11 q. 3, [unclear].

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

Correction ought to be made out of charity, according to the diversity of faults. 24 q. 3, Corripiantur.

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

Correction ought to be mixed with kindness and severity. 45 dist., Disciplina; 12 q. 2, Fraternitas; 45 dist., Omnis.

For excessive severity on the part of one who rebukes receives neither correction nor salvation. 45 dist., Cum beatus.

Many things on these matters are found scattered above in the formula of visitation.

Before God he curses who consents to sins. 11 q. 3.

He who consents to sinners and defends another who offends will be accursed before God and before men, and will be corrected with the severest 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 things are said there by Isidore, and c. Ita corporis, and in the two following chapters.

He who does not resist errors consents. 83 dist. Error which is not resisted is approved; and truth, when it is not defended, is oppressed. Indeed, to neglect to disturb the perverse when you can is nothing other than to foster them; nor is he free from the scruple of hidden fellowship who ceases to oppose manifest crime. It is a saying of Innocent, and c. [unclear], Pope Pius.

For what does it profit him not to be polluted by his own error, who [unclear] stands in agreement with error? And in the same chapter Gregory says:

You see that he consents to error who does not hasten to cut away the things that ought to be corrected.

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

The faults of those under orders are to be referred to none more than to idle and negligent rulers, who often nurture many pestilences while they pretend not to apply the more austere medicine.

Men are to be loved, sins to be hated, [unclear]. Let them hate sins, not men. Let the proud be corrected; let the weak be borne with; and those whom it is necessary to chastise more severely are to be punished not with the spirit of one raging, but of one healing.

Everyone is to be pitied; the sinner is to be angered at. 23 q. 4. These two names, when we say “man” and “sinner,” move us; in vain do they say: because he is a sinner, correct him; because he is a man, pity him. Nor will you wholly free the man unless you have persecuted the sinner. These things are Augustine’s, on the Psalter.

XXI

The manner and form of celebrating the provincial chapter of the fathers of the Order of Saint Benedict of the province of Mainz.

Since, in celebrating provincial chapters, many occupations are accustomed to confront the lord presidents, lest, when those well-worn and experienced have departed or are absent, those less experienced and not accustomed to celebrating chapters of this sort should happen to be distracted by those very many occupations, I have taken care to commit the present form in writing for the knowledge of those who follow. I saw and heard it in those very chapters at which I was often present when they were being celebrated. Although in it we do not have all the things that are to be done in chapters, nevertheless many things, and the more necessary ones, will be found. For I judge that this is useful both for those present, in the exercise of discipline, and for those to come, by the example and regard of their predecessors.

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

Therefore the presidents, past and future, together with the visitors or treasurers, should arrive some days before the appointed day for celebrating the chapter, being meanwhile also supported at the expense of the chapter, in order to discuss and mutually advise one another on the things that arise to 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 those absent and of those who have not yet made satisfaction concerning the imposition of the contribution. The promoter of the order, by mandate of the lord presidents, shall have this citation affixed by the notary of the chapter to the doors of the monastery under vespers or compline. And he shall have it similarly done in two other churches, if need be. The citation may be made under this form.

By mandate of the reverend [unclear] of the black monks of the Order of Saint Benedict of the province of Mainz and the diocese of Bamberg, all and each of the abbots, provosts, and priors of the order of the province are here cited

of the aforesaid province and diocese, being bound to attend the chapter to be held on the coming Sunday Jubilate in the monastery of Saint N.; that they appear in person, or through their lawful proctors, on such a day at the sixth hour in the morning in the said monastery, before the aforesaid lord presidents, to show that they have obeyed the commands of the visitors and have truly and effectively satisfied the contribution imposed, and to hear other matters concerning the aforesaid things declared and pronounced. But if they have not appeared within the appointed time, then by those lord presidents proceedings will be taken against them as contumacious, as the order of equity shall dictate, according to the tenor of the privileges of the oft-mentioned order, the absence of those cited notwithstanding. In witness of all these things the seals of the two presidents are impressed. Given in the year etc., on such a day etc.

The notary should subscribe himself to this citation according to custom, and should make execution under vespers or compline.

The one who is to deliver the sermon on the morrow, on Saturday, should present it in writing to the lord presidents for examination and correction, if need be, lest scandal arise.

The former presidents should, before the day of chapter, render to the future presidents a full account of receipts and expenses, which they may read in the prior writings if there is need. And therefore on Wednesday both are ordered to arrive at the chapter, as was lately established in chapter 17.

On Sunday let the sign for terce be made earlier, in the year of the Lord 14[unclear]9, according to the ordinance of the presidents; and the abbot appointed to sing the mass should vest himself with the ministers, and at the introit should enter the choir, as is customary. And before the presbytery with the ministers he should read the Confiteor; and the mass of the Holy Spirit should be sung solemnly, at which all the priors are to be present.

When the mass is finished, let a lectern be prepared at the head of the choir. And let a conference be held for the priors and any others wishing to be present, concerning religion, discipline and humility, virtues and perseverance. The preacher, however, before he begins the sermon, [unclear]

[unclear]

should ask a blessing from one of the presidents, who is the principal one, if he is present. When the sermon is finished, let them enter the chapter place and let each sit: first the abbots, then the provosts and priors, and the proctors of the absent, according to the placing of the promoter. XXII Then the promoter, standing while all listen, should say:

In the name of God, amen. By the mandate of the venerable lord presidents, I warn and require all and singular here present, to whom it does not pertain to be present at this our sacred provincial chapter, under penalty of excommunication and suspension, to go out from this chapter place and withdraw. The notary shall remain with the witnesses; yet even they too may be ordered to go out while secret matters are being treated. These, afterward, if they are to be written down in recess, shall also be recited to the notary. Then, according to the usual custom, let them read from the martyrology, and let the Precious be added by the prior of the convent, after first asking a blessing from the president, saying: Lord, bid a blessing. And the president who gives the word should answer: May the almighty and merciful Lord direct us in the way of his commandments. And all should answer: Amen. And for the regular reading let him read from the second chapter of the Rule, concerning what sort the abbot ought to be. Chapter 2 of the Rule.

The abbot who is worthy to preside over a monastery should always remember what he is called, and should fulfill the name of superior by his deeds; he is believed to act in Christ's place in the monastery, since he is called by his own title, as the Apostle says: You have received the spirit of adoption of sons, in which we cry, Abba, Father. Therefore the abbot ought neither to teach, nor establish, nor command anything outside the commandment of the Lord, which God forbid; but his command or teaching should be sprinkled like the leaven of divine justice in the minds of the disciples. This section is [unclear] most often customarily read as an opening. The abbot [unclear], because an examination must be made in the dread judgment of God concerning both matters, his teaching and the obedience of the disciples. And let the abbot know that the fault of the shepherd is incumbent, whatever in

for which [unclear] he will be less able to find advantage. Likewise he will be free if every diligence of the shepherd has been applied to a restless or disobedient flock, and every care has been shown for the diseased actions of them. Let their shepherd, absolved in the judgment of God, 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 it, rejected me. And then at last, for the sheep disobedient to his care, the prevailing punishment is death itself.

He ought to preside over his disciples with a twofold teaching: that is, he should show all good and holy things by deeds more than by word, so that to capable disciples he may set forth the Lord’s commandments in words, but to those hard of heart and simpler, he may demonstrate the divine precepts by his own deeds. But let him show by his own actions that the things he has taught his disciples to be contrary are not to be done, lest, preaching to others, he himself be found reprobate, lest sin should ever say to him: “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 who saw the speck in your brother’s eye did not see the beam in your own.”

Let no distinction of persons be made by him in the monasteries. Let one not be loved more than another, unless he has found him better in good deeds or obedience. Let the freeborn not be preferred to one converted from servitude, unless some other reasonable cause exists. But if, with justice dictating, it shall seem good to the abbot, let him do this from whatever rank. Otherwise let them keep their proper places, because whether slave or free, we are all one in Christ, and under one Lord we bear the equal service of soldiership; for there is no acceptance of persons with God. We are distinguished before him in this part only: 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

For in his teaching the abbot ought always to observe that apostolic sentence, in which it says: “Reprove, entreat, rebuke”; that is, mingling seasons with seasons, caresses with terrors. Let him show the sternness of a master and the pious affection of a father: that is, he ought to reprove the undisciplined and restless more harshly; the obedient, gentle, and patient he should entreat, that they may advance toward the better; but the negligent and contemptuous we admonish him to rebuke and correct. And let him not dissemble the sins of offenders, but as soon as they have begun to arise, let him cut them out by the roots before they prevail, mindful of the danger of Eli the priest of Shiloh. And indeed, the more honorable and intelligent souls 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 by blows or bodily chastisement, knowing that it is written: “The fool is not corrected by words.” And again: “Strike your son with the rod, and you will deliver his soul from death.”

The abbot ought always to remember what he is, and to remember what he is called, and to know that from him to whom more is entrusted, more is required. And let him know how difficult and arduous a task he has undertaken: to govern souls and to serve the characters of many. And one he must guide with caresses, another with rebukes, another with persuasions; and according to each one’s quality or understanding, let him so conform and adapt himself to all that he may not only suffer no losses in the flock entrusted to him, but may rejoice in the increase of a good flock.

Before all things, lest by dissembling or making little of the salvation of the souls entrusted to him he have greater concern for transitory, earthly, and perishable things, let him always consider that he has undertaken souls to be governed, concerning whom he will have to render account. And lest perhaps he should make excuse about lesser substance, let him remember what is written: “First seek the kingdom of God and his justice, and all these things will be added to you.” And again: “Nothing is lacking to those who fear God.” And let him know that he who undertakes souls to be governed must prepare himself to render account; and however great a number of brothers he knows he has under his care

...of souls. Let him know for certain that on the day of judgment he will render to God an account for the souls of all those men, his own soul also without doubt being added. And thus, always fearing the examination to come, a pastor, when he takes care concerning the accounts of others, is made solicitous concerning his own.

When these things have been finished, or as much has been read as shall please those presiding, immediately from the book of the monastery let the names of the dead be recited, if any occur. Then, from the slips brought by the priors, let the names of the brethren of the order who have died since the last chapter celebrated be recited by the same reader of the martyrology. When these have been finished, let the presider 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 when each has said silently the Pater noster, let the official add: “And lead us not,” etc., as is contained in the proceedings of the daily chapter. When these things have been completed, let one of those presiding enjoin upon the abbot of the house that after vespers the brothers perform vigils for those dead in choir. And let him appoint from among the priors one who on the morrow shall solemnly sing the high mass for the same dead. After this the promoter of the order shall read chapter In singulis from the Decretals, thus: Innocent III in the general council.

In each kingdom or province

In each kingdom or province, every three years, with the right of the diocesan bishops preserved, let there be held a common chapter of abbots and priors who do not have their own abbots and who have not been accustomed to celebrate such a chapter; to it let all come who do not have a canonical impediment, at one of the monasteries suitable for this purpose, with this moderation applied: that none of them bring more than six mounts and seven persons. But in the beginnings of this innovation let them call in two neighboring abbots of the Cistercian order, to furnish them suitable counsel and aid, since from long custom they are more fully informed in celebrating chapters of this kind; and these, without contradiction, shall associate with themselves two from among them whom they judge expedient. Let these four preside over the whole chapter in such a way that from this none of them assume to himself the authority of prelacy; and, when it is expedient, one already provided may be changed by deliberation. Let a chapter of this kind be celebrated for certain continuous days, according to the custom of the Cistercian order; in it let there be diligent discussion concerning the reformation of the order and regular observance. And what has been enacted, with those four approving, shall be inviolably observed, all excuse, contradiction, and appeal being removed; nevertheless provision having been made where the chapter ought to 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 be together in the same house, at least several may dwell together in different houses.

Let them also ordain in the same chapter religious and circumspect persons who, according to the form prescribed to them, shall in our stead take care to visit each abbey of the same kingdom or province, not only of monks but also of nuns, correcting and reforming what they shall see to need the office of correction and reformation; so that if they recognize that the ruler of a place must be removed entirely from administration, they shall report him to his own superior, that he may see to removing him. And if he does not do so, let the visitors refer this to the examination of the apostolic see. The things that follow in this chapter are not customarily read consequently. The following chapter shall continue: Honorius III to the abbots and monks established in Lombardy and the March of Treviso.

Those things which for the honorableness of religion and [unclear]. Further, when the visitors appointed according to the statute of the general council have proceeded from the general chapter of abbots to carry out the office of visitation, let them diligently inquire concerning the state of the monks and regular observances; let them correct and reform, both in spiritual matters and in temporal matters, what they shall see ought to be corrected...

so nevertheless that he have delinquent monks corrected by the abbot of the place, and that salutary penance be imposed on them according to the Rule of blessed Benedict and the apostolic statutes, not according to the standard of the corrupt custom which, as if for law, has taken root in certain churches. The visitors themselves also, if they find any monks contumacious and rebellious, shall, in our stead, strike them with regular censure according to the measure of their fault, without respect of persons, not sparing rebels, because of their obstinacy, through the power of friends, but rather casting out the diseased sheep lest it infect the sound sheep. But if abbots are found negligent in correcting, according to the mandate of the visitors and the regular statutes, either themselves or their monks, let them be denounced and reproved, and so punished publicly in the general chapter that their punishment may be an example to others. But if an abbot who is not exempt is found by the visitors excessively negligent and lax, they shall without delay report this to the diocesan of the place, and by him let a faithful and prudent coadjutor be given to him until the general chapter. But if he is found to be a dissipator of goods, or otherwise deserving to be removed, after this has been reported to him by the visitors he shall be removed by the diocesan, without the din of legal proceedings, from the government of the abbey; and meanwhile let a suitable administrator be provided for the monastery, who shall take care of its temporal affairs until provision has been made for the monastery itself concerning an abbot. But if perhaps the bishop is unwilling to fulfill these things or neglects them, the visitors or those presiding over the general chapter shall not delay to make known the bishop’s default to the apostolic see. We command that these same things be done concerning exempt abbots by the visitors or those presiding over the general chapter, the deposition of those abbots being reserved to the apostolic see, so that, when an abbot who seems fit to be removed has meanwhile been suspended from administration by the visitors or by those presiding in the chapter, a suitable administrator shall be assigned to the monastery. The presiding officers, however, shall report to us, through faithful and prudent messengers, their excesses and the other matters which shall have seemed fit to be made known to the chapter; and to these messengers expenses shall be sufficiently supplied from the common contribution of the abbots, according to each one’s means.

The following visitors, however, shall diligently inquire into the traces left by the earlier visitors, and shall report their negligence and excesses 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 the abbots presiding over the general chapter. And after a few words: We command that all these things also be observed in monasteries which do not have their own abbots but priors, and also in monasteries of nuns, so far as concerns the articles suitable for abbesses and nuns.

Then, if those presiding have ordered it, also the following.

From the constitution of Pope Benedict XII, on provincial chapters, chapter 2.

We also decree and ordain that in the order or religion of the aforesaid black monks, in each of the provinces deputed by us below, there shall be held every three years, in a place to be deputed for this purpose, 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 same order or religion, or of others who are greater in those churches after their prelates, by whatever name they are called, and of the other prelates who, as was said above, do not have their own abbots, exempt and non-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 in regard to the reformation of such order or religion and to regular observance they shall strive to fulfill the things set forth in the same constitution.

But those who shall not be able to come in person to that chapter, in order to allege the cause of a just impediment, shall send a monk of their own from the same church or monastery, if this can conveniently be done; otherwise another suitable man, with a sufficient mandate, a sufficient cause of excuse, and also power [unclear].

expressing that the cause of this kind is true, and swearing to it on their souls, they are bound to send it to the said chapter: with the judgment of the presidents of provincial chapters of this kind reserved, whose authority is to continue from one provincial chapter to another, so that at their discretion they may be able to decide whether the cause of excuse, or the excuses, when they have been variously alleged, are sufficient or insufficient; and that it is not lawful for anyone frivolously to appeal from their decree on this matter, or to protest in any other way whatever.

But those who do not come, when a lawful impediment has ceased, or who do not send to it, as has been stated above, an excuser and procurator, their fellow monk or another suitable person, with a sufficient mandate, are bound to pay, within a term to be fixed by the same presidents, double what they would have spent in coming to the said chapter, remaining in it, and returning from it, to be estimated according to the judgment of the same presidents or of the greater part of them, and to be converted to the use of that provincial chapter; and the presidents themselves may coerce them, by ecclesiastical censure and by the authority [apostolic?] applied, to pay this double amount, and may publish, or cause to be published, in the places of the same order or religion, the proceedings to be carried out against them in this matter and the sentences to be pronounced. And no grace may be granted or remission allowed concerning this double payment, either in whole or in part. And nevertheless proceedings are to be taken against the aforesaid absentees, especially if they maliciously withdraw themselves, or in order 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, their absence notwithstanding.

Concerning the presidents also and the visitors to be appointed in the same chapters, and all other things to be carried out in them, let those things be observed which are contained in the constitutions of the said general council and of Honorius, pope of happy memory, our predecessor; the statutes, ordinances, and additions of ours written above and below being nevertheless observed, in the manner in which they are modified and restricted in the same.

And because the instruction and salutary observance of the prelates and monks of that order or religion is involved, we decree that the priors of cathedral churches of the same order or religion, or those who are greater in those churches after their bishops, and 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; and also that the same priors or greater persons and chapters, and all the monks of those churches or monasteries, even if in those churches or monasteries, or outside them, wherever they have priories, offices, or administrations, or have taken up residence, both exempt and non-exempt, even if those non-exempt persons are subject to certain exempt bishops, are included and also comprehended under the constraints and ordinances of the said provincial chapters; and that the aforesaid priors or greater persons, by apostolic authority, through ecclesiastical censure and other appropriate remedies, with the obstacle of appeal removed, are to compel them to observe these ordinances under the penalties which the said presidents shall think fit to impose on them, and also to compel any monks whatsoever of the aforesaid churches, holding monastic benefices pertaining to those same churches, to contribute to the moderate and reasonable expenses which the said priors or greater persons have incurred in coming to those chapters, staying in them, and returning from them.

And that any ordinaries of places, exempt and non-exempt, should place no impediment upon the aforesaid persons or any single one of them, nor permit one to be placed, but, when lawfully required at the proper times, should cause all and singular these things to be committed to execution and inviolably observed.

Indeed, intending to provide against the possibility that an impediment occurring to the meeting of any provincial chapter might be able to harm [unclear].

… and we will that, if it should happen that monastic cathedral churches, with priors or others existing in them as superiors after their bishops, as is stated above, or monasteries or places of the same order or religious estate, should be vacant or lack their pastors, who would be bound to assemble in the aforesaid provincial chapter at the time, namely, when the celebration of that provincial chapter is imminent, 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 sufficient person from the body of those same churches, monasteries, and places, if this can conveniently be done, or else a suitable person from elsewhere, for doing and fulfilling all things that the abbots, priors, or superiors in those cathedral churches, or the aforesaid others presiding in those same conventual places, could do if they had come to that chapter and were personally present in it.

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

Indeed, since it would be superfluous to issue sanctions if their execution were neglected and there were no one to protect them, we ordain and will that the said [common place?] or place of the religious estate suitable for this, if it exists in the same province, ought to be used for the celebration; otherwise it is to be celebrated in another fitting and secure place. Concerning this, and concerning the day for celebrating the first chapter of this kind, and concerning the other things to be done opportunely about the same matter, those who shall have been deputed for this by the Apostolic See shall provide on the first occasion.

And so that, concerning the same chapter and through it from then onward and perpetually, a reasonable ordinance may be had, we decree that in the said chapter first to be celebrated, and always thereafter successively, those presiding over the individual chapters to be celebrated, or the greater part of them, shall provide and take care to ordain by whom in the following chapter the sermon is to be delivered and Mass celebrated; and they shall choose the place for celebrating the next occasion of the aforesaid chapter, and who ought to preside in it. And thus let it be done thenceforth in successive provincial chapters.

They shall also provide which abbots, and how many, and how often, ought to visit the monastic cathedral churches, monasteries, and other places of the same order or religious estate up to the next provincial chapter itself. If it seems necessary to the lords presiding, the following chapter from the same constitutions of Benedict XII, On subventions and collections, may also be read. Likewise from the Benedictina, 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 the common expenses to be incurred, we, considering that besides expenses of this kind other expenses are necessarily required not only for the provincial but also for the aforesaid annual chapters, decree and ordain that in the same chapters, notwithstanding the contradiction or absence of anyone, for liberties, necessities, utilities, common expenses, and other customary matters, since a burden divided into parts is borne more lightly, collections, subventions, or contributions are to be made, imposed, and proclaimed by apostolic authority, according to the judgment of the presidents or definitors with regard to a provincial chapter of this kind, or of the abbot or other person presiding over the annual chapter itself and of the definitors with regard to the aforesaid annual chapter.

And so that in the preservation of collections, subventions, or contributions of this kind a precaution of security may faithfully be had, we will and ordain that the collections which shall be made in a provincial chapter, through three upright and faithful abbots or other prelates of that order or religious estate of that province in which the same chapter shall have been celebrated, in some secure monastery

or in another suitable place. But those which shall be made in the individual churches, monasteries, or other places of the same order or religious body shall be made by three upright and faithful monks of each church, monastery, or place in which, as stated above, they shall be made; of these, one shall be appointed by the abbot or other prelate of that place, another by the prior or priors and administrators or officers, and the third by the chapter of the church or the convent of the monastery or place of this kind. They shall be diligently kept in one chest locked with three locks, and shall be applied only to the use of those for whom they were made, and to no other uses. For faithfully observing and fulfilling these things, the said three abbots shall take a bodily oath in the presence of the presidents, 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 anything sufficient from the first contribution happens to remain.

And let the aforesaid presidents, and each of them, who [unclear] to provincial chapters of this kind, as also abbots and superiors or the other already-named persons, have the power, by the authority applied above, of demanding, collecting, and levying collections, subsidies, and contributions of this kind from all and singular abbots subject to them, if they have or shall have any, and from priors, prelates, administrators, officers, and beneficiaries of whatever kind who shall be subject to that annual chapter, or to the church or monastery or other principal place; and of compelling all and singular the aforesaid persons, by the same authority and without appeal, through ecclesiastical censure and the other remedies of law and of the order or religious body itself, to pay in full the aforesaid collections, subsidies, and contributions, as shall have been ordained in such provincial and annual chapters, with terms assigned concerning 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 religious body, whenever and as often as it shall seem expedient to them; and also to absolve from the said sentences, provided that fitting satisfaction has first been made; and to relax and remove all processes and sentences of suspension and interdict; and to dispense with them concerning irregularity, if, being so bound, they shall have incurred any by profaning the divine offices, or otherwise involving themselves in them, yet not in contempt of the keys.

When these things have been read by the promoter of the order, other things also from the constitutions of earlier chapters may be read at the pleasure of the lord presidents. When all these things have been completed, one of the presidents, beginning the provincial chapter, shall say: “Bless ye.” Let the response be: “The Lord.” And again let him add: “Let us now speak, venerable fathers; from the sacred canons concerning the order [unclear] 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 that 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:

“We protest, therefore, first, that we wish this place and the other places of this monastery necessary for us for celebrating this chapter of ours to be assigned to us, and we assign them as a capitular place. And we wish this protestation to be held as repeated as often as, being assembled capitularly in the same places or in any one of them, we shall ordain, establish, or discuss anything.” Then the same president shall receive from the notary a manual promise that the acts of the chapter will be kept secret and not revealed publicly. And let the promoter say:

“We protest further that if anyone excommunicated, suspended, or interdicted is here, we do not intend to celebrate this chapter in his presence; therefore, if anyone knows himself to be such, let him leave this capitular 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 require with due urgency that you note this act and the following ones diligently, and enter them among the acts of the chapter, with trustworthy witnesses summoned for this. Immediately the notary shall require witnesses, of whom two or three are to be present at all acts, except at the final proclamation of the fathers. Likewise the promoter of the order shall say, in the hearing of all:

By the authority of the lord presidents it is commanded to all and each, both those already present here and those arriving at any 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 anyone not subject to our aforesaid chapter, to the detriment, disgrace, or burden of the order and its professed members. By the same authority likewise it is commanded to all and each that no one presume to speak elsewhere in the capitular places and proceedings to the lord presidents or to the officials of the chapter deputed and to be deputed, unless leave has been sought and obtained, and this while standing and with head uncovered, with humility, reverence, and subjection; or, if he wishes, let him present it in writing. Likewise, by the same authority it is enjoined on all and each who are bound to be present at this chapter that no one depart from the place of the chapter without leave, but remain until its end, under the penalty of contumacy and of those not coming to chapter.

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

Reverend fathers, lord presidents, I accuse the contumacy of the absent prelates who by law are bound to be present at this sacred provincial chapter, and I ask that a monition be decreed, to be executed at the doors of this monastery against the same contumacious men and against those rebellious 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, to see themselves declared to have incurred the penalties of [unclear]. Let one of the presidents see to this.

We presidents, wishing to act more graciously and not to condemn anyone quickly, shall wait for the absentees until the following day, and, if necessary, longer, so that meanwhile the proxies of the absentees may also be examined: whether their absence ought deservedly to be excused, and whether the proctors themselves ought to be considered present. In addition, we decree a monition against the rebellious.

After this, if there is time, let them choose definitors from the abbots, who can give counsel and aid to the presidents in the business of the chapter. Likewise let them depute three or four from the same abbots to examine the proxies of the absentees after dinner, or at a fixed time, in an appointed place to which the proctors are to come, with this provision: that if any proxies are considered doubtful, they shall refer the examination to the lord presidents. The form of a sufficient proxy is expressly contained in the acts of the chapter.

Then the president may give advance warning to the visitors that, at a fixed time or hour which they shall determine, they be ready to present to the lord presidents 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 give leave to go to table, with one of the presidents saying in these or similar words:

Venerable fathers, since the hour has now become rather late and it is time for dinner, 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 take his place at table according to the promoter’s ordering, with discipline; in silence and with thanksgiving let him eat what has been set before him.

The promoter of the order shall place the fathers in the refectory according to the date of each one’s prelacy, so far as can be done. And first the abbots shall sit, then the priors and provosts, thereafter the proctors of the absentees, and afterward the other simple brothers. This order of sitting, however, can rarely be arranged in this way because of the multitude of those sitting and

their unknown ages. And if the presidents wish to give any further admonition, let them do so, especially if there are any who differ from the others in their tonsure, so that after dinner they may see to it that they are properly shaved. Then the presidents shall conclude: “Our help is in the name of the Lord.” The others shall 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, all are again to be present in the chapter-place; and, if it seems good to the presidents, some penalty shall be imposed on those who arrive late.

After dinner. When the fathers have assembled together at the ringing, let them say the customary prayer, the president beginning it, which ought to be said 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, who through diversity, etc. Alleluia, alleluia. Kyrie eleison. Kyrie eleison. Our Father.” One of the presidents, adding, shall say: “And lead us not into temptation.” The others shall respond: “But deliver us.” President: “Save your servants.” Response: “My God, who hope in you.” President: “Send them, O Lord, help from the holy place.” Response: “And from your Zion [unclear] them.” President: “Be to us, O Lord, a tower of strength.” Response: “From the face of the enemy.” President: “O Lord God of hosts, turn us.” Response: “And show us your face, and we shall be saved.” President: “O Lord, hear my prayer.” Response: “And let my cry come unto you.” President: “The Lord be with you. Let us pray.

“Stretch forth, O Lord, to your faithful the right hand of heavenly aid, so that they may seek you with all their heart, and may be worthy to obtain what they worthily ask. O Lord, by your inspiration go before our actions, and by your help carry them forward, so that every operation of ours may always begin from you, and, once begun, be ended 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 shall be said by the president who gives the address, the others responding. After this the same president shall say, “Bless.” The others shall answer, “The Lord.” And he shall add: “If any one of you, reverend fathers, wishes to propose anything for the common good of the chapter, of the order, and of the persons of the same, let him set it forth confidently, with fear of the Lord, reverence, and humility; and we shall grant 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 also sometimes customarily ask all the fathers in order, according to the requirement of the matters that arise: “If any fathers have complaints to propose against anyone, which could be remedied by us, let them propose them humbly and without disturbance, and in like manner we shall patiently hear them.” And he shall then add: “Likewise, if there are any brothers sent on behalf of their own people with testimonial letters to propose anything against anyone, let them present the letters and explain the reasons; we shall also hear them patiently and kindly.” After this, if there are any matters to be handled capitularly, let them be handled; and let one of the fathers be appointed who on the morrow shall sing Mass for the brothers. Then a brief exhortation can be given to the fathers, how they ought to conduct themselves in lodgings and in every place, in this or a similar manner:

“Venerable fathers, as you heard today when it was read from the Rule of Saint Benedict, according to which we are bound to live: the abbot who is set over the brothers ought to instruct them with holy doctrine and to go before them with examples of good works; and unless he presents both to his disciples, without doubt he will 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. For he himself says: ‘He who ministers to me, let him follow me.’ As Christ fed his disciples by word and example, so also we who are his ministers, to our sheep

... by the teaching of holy instructions we may minister nourishment, and by the examples of good works we may offer incentives to virtue to the weaker. For the teaching of a pastor is useful to all; but examples of virtue are of greater benefit to the weak and untaught. Indeed, examples are more powerful than words, and it is better to teach by deed than by speech. We say these things for this reason: that, shining forth in good morals, we may furnish a good example in all things to those who see us. And, to come briefly to the point, we exhort your Paternities that in every place and time, and especially in lodgings, you do good, scandalizing no one; because the suspicion of the weak is so ready for the worse that by the scandal of one or a few the reputation of many is corrupted, which nevertheless, even with the praises of many, scarcely knows how to repair the infamy of a few. If nothing further remains, let the fathers be dismissed to their lodgings, [unclear] first that on the following day all come together for the Mass of the dead. And the notary, with the promoter of the order cooperating, shall write an admonition against the absentees in the form of a citation, to be affixed tomorrow, ex abundanti, to 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.

Of the gifts of the Holy Spirit, with the prayers mentioned above. And the president shall say: Bless ye. They shall answer: The Lord. Then, if anything was begun yesterday, let it be continued. And the presidents shall instruct the notary to write the chapter proceedings. After this, at a suitable hour, the presidents shall withdraw to some more private place and hear the visitors one by one concerning the office enjoined upon them and performed by them, and concerning the conditions of the monasteries which they visited, both in spiritual and in temporal matters, and whether anywhere they were not admitted; and they shall produce copies of the letters which they left in the monasteries visited by them. But if any visitors are not present, they shall make such a report 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, they shall be called, if it seems useful to the presidents, and admonished to amend themselves henceforth in the matters reported. Likewise, if the lord presidents cannot hear in person, let them appoint three or four fathers who shall hear and receive from the treasurers themselves an account in writing of what has been received and distributed; once reduced to writing, they shall send it to be deposited in the chest of the chapter. Then, when it is opportune, the promoter shall again accuse the contumacy of the absentees, and shall ask that they be condemned in expenses according to the constitutions of the order, under this form of words:

Reverend fathers, today, ex abundanti, I caused another citation to be affixed to the doors of the monastery against the abbots and other absentees who are bound to be present at this provincial chapter, so that they might still appear before your Paternities; otherwise they should know themselves bound to certain penalties. None of them has appeared or does appear. Therefore, lest they gain advantage from their disobedience, and that their punishment may serve as an example to the rest, I require you, reverend lord presidents, and ask that, according to the force and form of the constitutions of Benedict XII, you deign to proceed against the same absentees 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 for this purpose, shall proceed against the same persons in this way, sitting, under this form:

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

they would have had to expend in staying at the chapter and in returning, if they had come; that they are to be condemned in double, according to the constitution of lord Pope Benedict XII. And we so condemn them in these writings, and declare that they are to be compelled to pay by ecclesiastical censures, and we compel the same persons. The assessment of these monies we have fixed at 2 Rhenish florins, to be paid without remission to our treasurers within [unclear] under penalty of excommunication, which, once that term has elapsed, they shall incur by these writings unless they have made satisfaction truly and effectively before the appointed day.

From these words the proper form for the process is to be taken. Or, if the lord presidents wish to act more mildly, then the last clause should be changed into this or a similar one: The assessment of these sums or quotas of money we reserve to ourselves or to our visitors. The presidents may, however, first cite them to hear the assessment made, which does not seem necessary, since the Benedictine constitution simply entrusts it to the lord presidents.

Then the promoter of the order should accuse the rebels and say: Reverend fathers, in the second place I accuse of contumacy a, b, c, abbots, who do not appear, neither by themselves nor by lawful proctors, although they have been sufficiently awaited, and who do not show that they have obeyed the concluded reform and have desisted from their contumacy and rebellion; and I ask that they be deemed contumacious, as they are, and that in their contumacy they be declared to have fallen under the sentence of excommunication contained in the processes of the past provincial chapters; and that appropriate letters be decreed thereupon, with further penalties, censures, and sentences, even to the invocation of the aid of the secular arm.

Then the same president should add: We deem the aforesaid absent persons contumacious, as they are. And he should add this sentence:

Having invoked the name of Christ, having God alone before our eyes, by this our sentence which, while residing in this place of presidency, we deliver in these writings with the counsel and assent of those learned in the law, we pronounce, decree, and declare: that the lords a, b, c, abbots, and a, b, c, conventuals, contumaciously absent, because of their contumacy and open rebellion, in that they damnably refused in the chapters to receive and effectively enter into the concluded holy and due regular observance, and, not desisting from this rebellion of theirs, did not appear, nor did they take care to allege lawful or reasonable causes why they should by no means be bound to this, have fallen under the sentence of excommunication according to the tenor of our processes in the past chapters, or in the last chapter celebrated at N.; and that they as such are publicly to be denounced and are denounced. And we command that our necessary letters be issued thereupon, also under other censures and sentences, decreeing by these presents even inclusively to the invocation of the aid of the secular arm.

It should be noted that the lord presidents, against absent contumacious persons, may also, if it pleases them, proceed otherwise: namely, that in the recess they set down that within a certain time they are to come to terms with them, or with the visitors, or with others to whom they have given authority, a term being given as canonical warning. But if they neglect this, once the appointed term has elapsed, they are excommunicated by the fact itself, to be absolved by no one except by the presidents themselves or by the visitors. But if it has been done thus, then they should take care to bring a process of this kind to their certain notice.

After the sentence has been passed, the absent persons should be cited again to hear and see the expenses assessed on the morrow, under this or a similar form, and let it be affixed in the evening:

By mandate of the reverend and venerable fathers, the lords 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 the others who ought to be concerned, and who think themselves concerned, of the province and diocese of the same, are cited to appear on Wednesday after the Sunday on which Jubilate is sung, at the sixth hour in the morning, by themselves or their lawful proctors, in the monastery N., before the aforesaid

by 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 Pope Benedict XII, because of their manifold contumacy and for other causes to be expressed in the term, they are judicially [condemned?]; and the other things appropriate concerning the premises are to be declared and pronounced; and the [unclear] and necessary proceedings thereupon are to be decreed and granted, with the customary intimation. And whether they appear or not, nevertheless, through those same presidents, in the premises, as the order of reason shall dictate, it will undoubtedly proceed, the absence of those cited notwithstanding. In testimony of these things the seals of two presidents have been affixed to the presents. Given in the year of the Lord [unclear]. Let the [unclear] subscribe themselves. This citation, as has been said above, is to 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 dispatched before dinner, well. If not, let them complete them in the vacant time, as shall seem opportune to all the presidents. Likewise let the legate and the last chapter of the recess be read; and if any commissions have been made to anyone, let their executions be examined. Then, if nothing remains, let the fathers be dismissed to their lodgings, to return tomorrow at the sixth hour at the ringing of the bell.

The Third Day.

On the third day in the morning let the bell be rung, and let the Mass of the Blessed Virgin Mary be sung solemnly by one of the fathers appointed to it on the preceding evening, at which all the others shall be present. When it is finished, let them go to the chapter, and let the customary prayer be made, Veni sancte spiritus, etc. And let one of the presidents say, Benedicite. And when the response is made, Dominus, let him continue if anything was omitted yesterday. Likewise afterward let attention be turned to the order; and if anything new is to be established, let it be inserted this day in the recess. Likewise, if any replies are to be given or written to princes or to others, let them be made and dispatched by the counsel of the fathers. If the treasurers are not present, let some be appointed who shall collect the expenses, namely three Rhenish florins from each abbot, this day, recording what has been collected on a schedule, lest perhaps anyone, which God forbid, pretend that he has given what he has not given. Likewise let some be deputed as assistance to the notary, who know how to arrange the recess, so that by evening after dinner it may be completed. Likewise, if the necessity of the order requires it, let a proportional contribution be imposed on all the monasteries, and let the cause and form be inserted in the recess, which all shall be bound to pay under penalties to be expressed in the same, according to the constitutions of Pope Benedict XII. And it is to be noted that the lord presidents, with the definitors, can impose a contribution on others according to the Benedictine constitution without their consent; yet they themselves are not free from this sort of contribution. For what they impose on others, they themselves ought first to bear. That it is theirs to impose a contribution is sufficiently shown in the same constitutions, in these words in chapter five:

“We establish and ordain that in the same chapters, notwithstanding any contradiction or absence whatsoever, for liberties, necessities, utilities, common expenses, and other customary things, since a burden divided into parts is borne more lightly, collections, subsidies, or contributions are to be made, imposed, and proclaimed by apostolic authority, according to the judgment of the presidents or definitors, as regards a provincial chapter of this kind.” Meanwhile also, if it shall seem good to the lord presidents, let the common expenses of the chapter be assessed with the father of the house, as is usually done.

After dinner.

When dinner has been completed, at the signal of the bell let them at once assemble as above; and when the president has said Benedicite, and the response Dominus has been made, let the chapter be continued. Then, at the command of the presidents, let the recess be read, which should already be completed. At its end there should be contained the place and day of the future chapter, and the other things which customarily ought to be done. And it is to be noted that no more than two years ought to elapse between the chapter celebrated and the chapter to be celebrated, according to the constitution of Benedict

..., whose words on this matter are these. But what is permitted concerning the provincial chapter to be celebrated from three years to three years, in order to remove the scruple of any 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 every third year following. Yet this must be noted: that the lord presidents, if there is need, can anticipate the term, and likewise prolong it.

When everything has been completed, after the notary and witnesses have gone out, let the fathers proclaim themselves before the presidents, six or seven [unclear], beginning with the juniors and continuing to the presidents themselves inclusive, and let them receive the salutary penances imposed on them. Then let them all read in like manner, 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 beseech you, pray for me.” And then that president should 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 lead you to eternal life. Amen.

“By the authority of almighty God and of the ecclesiastical keys granted in this respect to our order, we restore you from the censures of the Church and to participation in the sacraments, 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 when some psalm has been imposed for satisfaction, let all rise, and the same president, kneeling before the other presidents, should read “I confess to God.” One of the presidents should read over him the absolution as above, with the psalm.

And note that this absolution is one of jurisdiction; nor should there be placed in it that clause which many thought ought to be added: “and from your sins.” For the sacramental absolution, which a particular confession of sins ought to precede, has this clause. Likewise it should be known that this absolution avails only, namely absolving from censures if anyone had incurred them by neglecting the statutes of the order and of the chapter. And as sacramental absolution absolves from guilt, so that of jurisdiction absolves from temporal and spiritual penalty. When these things have been done, let an end be imposed on each matter. Yet it should be known that if some utility or necessity is imminent, the said lord presidents can prolong the chapter further, until everything is determined well and maturely. At the end, one of the presidents, if time permits, should deliver to the fathers a brief exhortation before the blessing, on these or similar matters:

“Venerable fathers, since now, with God’s favor, we have celebrated this provincial chapter of ours, lest, as we depart from one another, we forget because of the multitude of them the things that we have heard, listen patiently to the brief admonition that I make. We exhort you first, that each of you remember continually what the Rule says: ‘Let the abbot know that the fault of the shepherd falls upon him, whatever less of usefulness the father of the household shall have been able to find in his sheep,’ etc.”

And he should add by way of exhortation, as the Lord shall grant, concerning keeping pure religion, concerning faithfully carrying out profession, concerning peace and charity and goodwill toward all, etc. Finally, that they depart from their lodgings with due honesty, after debts have been paid, with the knowledge of their host, not secretly but openly, etc. And that the abbots publish the statutes of this chapter to each of their subjects, and cause two conventual masses to be sung, one for the living, another for the deceased brethren of our order, and other prayers imposed to be fulfilled; and that the recess be read publicly in their monasteries to the brethren in necessary matters.

When these things have been completed, let the blessing be given by the president, as is customary, with all bowing moderately:

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

“The Lord be with you.

“And with your spirit.

“Be present, Lord, to our supplications, and dispose the way of your servants in the prosperity of your salvation, so that among all [unclear].”

the ways and changes of this life may always be protected by your aid; through Christ our Lord. When these things have been completed, let each go to his own affairs, except the presidents and officials, if any have matters to arrange, compute, or settle. I have written these things only concerning the manner and order of celebrating a provincial chapter; although not everything to be done is contained in it, nevertheless many things are included here that are useful for such matters. Each item also does not refuse to undergo the examination of the lord presidents.

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

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

Among the manifold cares by which we are distracted by the varieties of affairs and business arising in the universal Church, that one especially stirs and moves our minds by which regular orders and places devoted to the yoke of holiness may flourish again in spiritual things; whence we willingly expend effective solicitude for this, that those orders and places themselves which have incurred the reproach of deformity may be led back to the paths of due reform, and, with the Lord continually directing them, may receive increase in those same spiritual things and also in temporal things.

Indeed, a petition lately presented to us by the beloved sons of the Church, religious men of the order of the black monks of the [unclear] nation, contained that, although some time ago the fathers had included salutary articles concerning the reform of that order, nevertheless some of the subjects of this order and nation, when provincial visitors or reformers come to them according to the form of those articles, do not permit themselves to be reformed, <[unclear: about one line damaged]>

XXXV

taking occasion from the fact that such articles did not proceed from us, and that, if we should ordain any reform, they would receive it.

Wherefore, on behalf of the religious men of this nation it was humbly supplicated to us that we would deign to command that reform be made in all monasteries in which the greater regular observance does not flourish, of the nation and order, 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 salutary reform of the Church of God, in head and in members, may be steadily made and may persevere, considering that articles of this kind are conformable to written law and to 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, as regards such reform, and wishing also to provide opportunely concerning the premises, by these writings command your discretion that you and each one of you, as it pertains to the office of each and shall pertain according to the time, whenever it shall seem expedient to your consciences, which we burden as to this matter, should faithfully and diligently exercise the office of visitation and reform in all monasteries and places of the often-said order in which the greater regular observance does not flourish, according to the content and form of the said articles, the texts of which we have caused to be entered below word for word, by the authority of the universal Church.

For we, so that the desired fruits may follow from the zeal of visitation and reform of this kind, [authorize you concerning] all and singular abbots and other presidents of the monasteries and places which it shall fall to you to visit, and persons of whatever status, rank, order, and condition they may exist, according to the quality and demand of the offenses perpetrated by them from time to time, and the canonical sanctions and regular statutes of the said order, as you shall perceive to be fitting for the salvation of souls and for the condition and immunities of those monasteries and places

of correcting, and of striking with due penalties; likewise of absolving the abbots and other presidents and persons of this sort, and each of them, if they shall seek this by these letters, from all and singular sentences, censures, and penalties of excommunication, suspension, and interdict by which they shall for the time be found bound, or which perhaps may happen to be promulgated against them in any way through the execution of this office, in the customary form of the Church, after a salutary penance has been enjoined upon them according to the measure of their fault, together with the other things that by law are to be enjoined. Likewise, of publishing and intimating the aforesaid articles, and of causing them to be received and observed by all subjects; and of disposing, ordering, establishing, and executing all and singular things necessary or opportune in the premises and concerning them in any way; and of restraining contradictors and rebels by ecclesiastical censure and other remedies of law, invoking for this, if need be, the aid of the secular arm. By the authority of the universal Church, by the tenor of the presents, we grant to you and to each of you full and free faculty: notwithstanding apostolic constitutions, statutes, and customs of the aforesaid monasteries, places, and order, strengthened by oath, apostolic confirmation, or any other firmness whatsoever, and all other things whatsoever to the contrary. Or if it has been granted by the Apostolic See to the monasteries, places, and order, to the abbots and other presidents and persons, or to any persons whatsoever, jointly or severally, that they are in no way bound to admit anyone to visitation or otherwise 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 the monasteries and places of this sort cannot be placed under interdict or suspended, by letters not making full and express mention, word for word, of such an indult; and notwithstanding any apostolic privileges, exemptions, and indulgences, general or special, of whatever tenor they may be, by which the execution of your jurisdiction in this matter, not expressed or not wholly inserted in the presents, could in any way be hindered, which, as regards this, we do not wish to avail them in any way.

Concerning Absolution.

We wish, moreover, that each of the same presidents and persons whom you shall think fit to absolve from sentences, censures, and penalties of this sort, or from any one of them, must and shall be bound to render, to each person to whom satisfaction may perhaps have to be made on that account, that satisfaction within a competent peremptory term to be fixed by you, once any canonical impediment has ceased. Otherwise, when that term has passed, they shall fall back by that very fact into the former sentences, censures, and penalties. The tenor of the aforesaid articles, as they have preceded, follows and is as follows.

Articles for Reformation.

Because regular discipline and the holiness 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 professed members of the same order, and, what is more dreadful, to the deadly harm of the salvation of souls. For alas, every adornment of religion has been taken away from it; and that which lately could glory in the Lord, saying, “I am black” in the lowliness of habit, “and beautiful” in holiness of morals and of conduct, now alas, the once holy monastic simplicity has been perverted into wantonness and insolence, so that no image of former holiness now seems to survive either in fact or even in appearance.

Therefore we, the abbots and the other religious of the said order, gathered in the sacred Council of Basel, wishing with highest desires and with one zeal to provide against such and so enormous scandals, have come and been gathered into one for the reformation of the same order, lest henceforth it suffer a more grievous ruin, which God forbid; devoutly and wholesomely applying ourselves with daily labors to the aforesaid reformation, we have set forth certain beginnings and foundations of religion, so that, by beginning from these, the deformed monasteries may be able to advance toward the fruit of monastic profession; and, by way of abundant caution, from the rule

[unclear] of the most blessed Benedict our father and from the constitutions of the lord Pope Benedict XII of happy memory, which we judged ought to be observed in all the monasteries and places of the said order in which the stricter regular observance does not flourish.

Yet on this account we do not intend, just as 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 as to lessen the obligation by which the religious of the said order are bound to them as before.

First, On the Divine Office. Article 1.

Since the said Rule of Saint Benedict took very solicitous care concerning the divine service, we, following it, ordain that the divine office, both by day and by night, be celebrated devoutly, deliberately, with pauses, not hurried through, not cut short, at the proper hours, as is contained in the Rule of our most blessed father. And that, as soon as the signal has been heard, leaving everything that they have in their hands, they shall hasten there with the greatest speed, yet with gravity, lest frivolity find fuel; so that nothing be placed before the work of God.

And lest they be able to excuse themselves on the pretext of ignorance, saying that the signal was not heard, we will that the ringing for Matins, which is to begin at midnight or thereabouts, and for Prime and Vespers, continue for at least more than a quarter of an hour.

But anyone who does 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 others of the aforesaid order confess, celebrate, and receive communion, as is contained in the constitutions of Pope Benedict XII concerning the celebration of Masses.

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

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 which, after the martyrology and the reading of the Rule, which shall be explained in the vernacular by the one presiding over that chapter, or by another whom he has ordered, before proceeding 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 each abbot or president, when he has come to his monastery, immediately provide within a month for clean and good vessels and a place where the holy Eucharist may be kept; and also that the books, with the other ornaments concerning the divine office and the monastery, be kept under diligent custody.

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

Since, through the propriety of outward habit, the professed and novices of the said order ought to show decency of morals and of religion, we decree and ordain that all wear large and broad tonsures, so that the circle of them does not exceed the space or width of two transverse fingers. And that they conduct themselves decently in clothes, habits, and footwear, according to 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 next beneath the upper habit, of black or brown color according to the custom usually observed among them, round and reaching to the ankles, not split, nor marked by any other deformity, having broad sleeves extended as far as the fists, in no way buttoned or tied; yet not so broad that their width may extend beyond the fist with the thumb raised, nor, around the mouth of the elbow, as the abuse of some has it, be stretched farther;

…so that the arm may easily be turned and drawn in. Let them be content with almuces of skins in place of hoods. Yet in respectable places, in which they have been accustomed to wear them, they may, with the abbot's permission, use honest hoods, slit over the shoulders to a length of at least four transverse fingers. In their garments let them not wear silk-stuff for linings, nor minever or other costly furs; but let them use the skins of young lambs or lambkins for the said linings, or at least other non-costly cloths. Nor let the linings appear above the collar, or on the hems of garments or of sleeves, in any way.

Of the habit of those who travel. Article 6. Moreover, when it befalls them to set out beyond the monastery, let them wear the floccus or the cowl or the cappa; and beneath the cappa, if they have worn it, let them have a cowl or a scapular.

Of the habit of novices and lay brothers. Article 7. Let novices use the cowl, open inside the monastery and outside on either side. But let the lay brothers use the scapular with a hood attached to it, closed, inside and outside the monastery.

Of the length and width of the garments. Article 8. Since some use the aforesaid habits more ample and long, and others less than they ought, on account of the length and width of the aforesaid [garments] we have determined that the following be inserted in the present [statutes], which we wish to be commonly observed. And first, beginning with the hood of the floccus: we ordain that its width not reach the elbow-bone, by the thickness of two transverse fingers, nor be allowed to be tighter, or so short, but that it extend to the middle of the elbow and the upper bone near the shoulder; and behind let it extend at least as far as the belt, nor beyond it by four fingers. And let the length of the sleeves extend by one cubit beyond the hand and no more; and let their width not exceed another cubit and a half. Yet let the floccus below be made so wide that the step may easily be made

through it. And what has been said of the floccus we wish to be understood of the cowl with sleeves, when they have none set apart. But within the monastery, in places where there have been twelve monks, let all use the floccus or large cowls. In other places, where there has not been so great a congregation, let them use cowls, not flocci—except the president of the monastery and the second after him, whom we wish to wear the floccus in every case. Yet in [divine] works and in the divine office let them be able to wear, beneath the alb, and when riding, beneath the cappa, a scapular of a width of at least half a cubit. And let them wear high boots or boots or strapped shoes, such that their width comprehends a space of four fingers, [reaching] from the shin over the ankle. For if in any of the aforesaid matters they shall not have worn the habits (as is set forth above), then, beyond the penalties inflicted by law, we wish them to be so punished—by their superiors in their religious house, or by the superior if they have none, [or] by the visitors of the provincial chapter—that it may serve as an example to the rest.

That the monks live in common in the refectory without the eating of meat. Article 9. Item, that the brothers live and eat in common in the refectory, in which let no one at all eat meat. And let the visitors be diligent to cause the constitution of Benedict concerning the eating of and abstinence from meats to be observed inviolably.

Of the table-reading of the brothers. Article 10. Let the sacred reading not be lacking; and let him who is to read for the whole week enter upon it on Sunday after the blessing, as [is laid down] in the Rule, chapter 38, concerning the weekly reader.

How the monks are to sleep. Article 11. Let the monks sleep individually, clothed, in individual beds in the same place if it can be done, or at least in tens or twenties; but not in [separate] chambers, especially if these have not been suitably partitioned—so that the bedding in them may be seen aptly and clearly, according to the manner of their way of life

according to the disposition of the abbot; and let them not use feather mattresses.

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

On silence in four places. Article 12. Silence is to be observed in the oratory, the dormitory, the refectory, and the cloister. And after Compline let no one be permitted to say anything, except as is contained in the Rule. And before the said Compline let the Conference of the Fathers be read, or something else edifying.

On the porter of the monastery. Article 13. At the gate of each monastery let one prudent and discreet porter or doorkeeper be appointed, so that without the permission of the abbot or of another presiding officer no freedom of leaving it may be granted to anyone. For if anyone shall go out without permission of this kind, let him be subjected to fitting and due penalties, as is provided in the constitutions of Benedict XII concerning the permission ordained for going outside the monastery. Let him also 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 presiding officers in monasteries have received mendicant religious as monks without the permission of their superiors, and afterwards, what is worse, permit them to wander, to the detriment of their souls and the scandal of religion, we forbid them to presume such things hereafter. And those whom they have already received, unless by authority and mandate of the Apostolic See or with sufficient permission, they shall recall to the monastery as soon as they can, and others wandering outside the monastery, or at least within a year; otherwise let them be punished by the visitors of the provincial chapter with grave penalties.

On nuns. Article 15. But the things that have been said concerning monasteries of men we wish similarly to be observed in monasteries of nuns with respect to the articles suited to them. Nevertheless wishing and ordaining that they be kept under due and perpetual enclosure, as is contained in the constitution of Boniface which begins Periculoso, concerning the status of nuns, and is commanded to be observed by this sacred Council of Basel, we enjoin the visitors of the chapter, in virtue of holy obedience, to apply diligence in this matter.

On the master of novices. Article 16. Likewise we ordain that abbots and other presiding officers have in their monasteries suitable and sufficient masters, who may introduce their novices to the elementary studies, and then, when they have been instructed, send them suitably, according to the form of the statutes of the aforesaid Benedict XII, to the general studies, assigning them a pension.

On the number of monks. Article 17. We will and ordain that in every monastery where resources and revenues suffice, the number of monks instituted from the foundation be maintained; or, if they do not suffice, that as many be maintained as can conveniently be sustained. And so no one is to be excused on the pretext of any privilege, pact, transaction, or custom, which is called a corruption, especially since we reprove that corruption by which some say that they can receive no one unless he is noble. For even if nobles, other things being equal, are preferred in reception, nevertheless others are not excluded on account of this, nor ought they to be excluded.

That the goods of monasteries not be divided, but that provision be made for all in common. Article 18. Since all the goods of the monastery are ordained for the sustenance of the monks and for bearing other necessities, from which provision ought to be made for individuals according to the need of all, as is provided in the Rule, chapter 33, it is most absurd that abbots and officers belch forth from the revenues of the monastery into superfluity, while poor cloistered monks lack clothing, food, or other necessities, and especially in bodily illness, so that they are often compelled to return to the support of their parents. We will and ordain that, notwithstanding the divisions of burdens among the abbot and the officers, all

provide the necessities to the monks from the goods of the monastery as a whole. And for this to be done, let a reduction be made extending even to the revenues of any officials whatsoever, and likewise of the abbot. Nor may that division, nor any other custom whatever, avail in opposition for that abbot or for any officials whatever. On this matter we wish the visitors of the chapter especially to be attentive.

Concerning places not to be leased out. Article 19.

Let places of the order not be leased out, except with observance of the Benedictine constitution concerning places not to be leased out; and we wish this to be firmly observed, both with respect to the persons to whom they are leased and also with respect to the other circumstances.

Concerning loans. Article 20.

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

Concerning inventories of monasteries. Article 21.

So that the squanderers of the goods of a monastery, or their restorers, may be more plainly seen [unclear] and known, we wish that, at the assumption of any abbot or other presiding officer, inventories be made, as is contained in the constitutions of the aforesaid Pope Benedict [XII?] concerning inventories.

Concerning monks who own property. Article 23.

Against the vice of private ownership, let what is contained on this matter in [unclear], in the same title, in the constitution of the lord pope [XII?], be observed, and according to the form of common law.

Concerning the resignation of officials. Article 25.

We wish that all benefices or offices which are assigned for the support of burdens, both in the food and in the clothing of the monks, if, at the command of the abbot, they refuse after three warnings to pay or furnish to the religious the things that they owe, the said abbot may and must, with the counsel of three or four seniors of the monastery, remove them from the said offices or benefices, and establish others in their place, whatever appeal

presiding, so that they make their accustomed residence and dwelling within the precincts of the monastery, and do not stay in remote castles, except rarely and sometimes only for the sake of modest recreation or of pursuing some public utility.

That abbots and presidents of monasteries are to celebrate there on solemnities. Article 28.

We also will that the said abbots, on the principal solemnities and on others according to the manner and custom hitherto laudably observed in the said monasteries, celebrate there.

That monks are not to live with their parents. Article 29.

We forbid abbots to permit their religious to make a long stay and dwelling with their parents or with other laypeople, or to be entangled in the services of such persons. Rather, if one prior with at least one religious cannot live honorably and fittingly in his priory, 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.

Concerning beneficed monks to be sent to general studies.

But if any priors or beneficed men wish to go to study, let the greatest care be taken lest, under the appearance and shadow of study, they 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 are able to live there. And the prior general of the monks in the study is to take diligent care over this; we will that such priors be diligently visited and corrected by the provincial chapter within whose bounds such a study shall be.

Concerning the chapter of faults of monks who are studying. Article 31.

We will that the prior of the student monks 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 scandalously gone beyond bounds in life or dress; and furthermore he must inquire diligently and appoint upright investigators from that order in the same study.

According to the form of the constitution of lord Pope Benedict XII, no prior general is to remain in the 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 approved religious life. This prior is also to have authority to punish the contumacious and rebellious by bodily imprisonment, yet with the assent of four or five notable religious men living in the study, to be chosen by the religious of the said order studying there; and further, with the consent of the aforesaid men, when he sees any to be incorrigible and excessively scandalous, he may send them back to the cloister or to their priory.

Likewise we will and ordain that all religious coming to the study present themselves to the said prior within five days, and that he have them all recorded in one book; nor are they to leave the study unless the cause of their return has first been made known to the said prior. If that prior sees that the cause is unjust on the part of the abbot, then let him take care diligently to notify the visitors of the provincial chapter, so that they may provide for this as above.

We forbid that monks go on pilgrimage. Article 32.

And that abbots not permit their monks, under 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 limits of their diocese, unless perhaps to visit certain regions by whose example they may be edified, or to edify them; but this rarely and with great caution. And no prior or beneficed man is to remain outside his diocese for five days unless permission has been obtained from his abbot; otherwise let the visitors of the provincial chapter punish the guilty most sharply.

Concerning the increase of penalties. Article 33.

The aforesaid visitors [unclear] the heavier penalties of the constitution Ne in agro against any religious thus disordered or forgetful of their profession

that they are not ashamed to carry hunting birds on the fist, according to the custom of secular nobles, or have them carried before them by their attendants.

That foodstuffs are not to be given in money. Article 34.

We forbid foodstuffs, 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 Boniface XII is to be observed. We also will that the aforesaid clothing and foodstuffs be fittingly supplied at the appointed times to the religious of the Benedictine order.

Concerning the vice of incontinence. Article 35.

The visitors of the chapter also, with exact diligence, are to make inquiry whether anywhere there are persons marked by incontinence; and wherever they find that this is so, especially superiors, or those who connive at the incontinence of others, they are to take care with all zeal to purge out that vice with due punishment. And if, perhaps because of favor shown to persons, they cannot do this, let them report it to the provincial chapter. The said visitors are to inquire whether abbots are excessively carnal in distributing the offices and benefices of their monastery, so that they have more regard to the advancement of their blood-relatives, and because of them the monastery suffers ruin or harm 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 the abbot, in pride of heart, treats his monks harshly and not in brotherhood, as though he were not one of them; and whether he does not permit them to say anything, even charitably, for the good of the monastery and of morals, if he himself by his own fury is overturning his house; and all whom they find guilty they are to take care diligently to correct, or to denounce them to the provincial chapter.

Concerning the obligation of these [constitutions].

By these things we do not understand that the aforesaid matters bind more to guilt than they formerly bound, but only to penalty.

Concerning the constitutions of the supreme pontiffs. Article 37.

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

That visitors are to be diligent in all things. Article 38.

In all the foregoing articles it is entrusted to the visitation of the visitors that they be solicitous for the gain of souls, and according to the condition of persons and likewise of places they are to act prudently in all things.

That secular persons are not to be appointed over the necessities of the monastery.

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

Here begins the constitution of lord Nicholas of Cusa, cardinal priest of the title of Saint Peter ad Vincula, legate, concerning visitation.

Nicholas, by divine mercy cardinal priest of the title of Saint Peter ad Vincula of the holy Roman Church, legate of the apostolic see throughout Germany, to the visitors of the province, etc.

Concerning the life and morals of the visitors, especially while they visit.

Since formerly and below. Therefore, first of all, we will and, under attestation of the promise made to us and of the strict examination of the Last Judgment, enjoin upon you that at all times, and especially in the time of your visitation, in all conduct, life, morals, and discipline, you study to bear and conduct yourselves so religiously, sacredly, and honorably that to the others to be visited by you, not only by word but also by example, you may present the form of all perfection; proceeding in the time of visitation in fitting habit, with household and mounts appropriate and honorable, not excessive, so that each of you be content with a chaplain and servant, with three horses. Moderate

let refreshment suffice for you without murmuring. The eating of meat, except in the case of illness according to the permission of the Rule, or even the acceptance of any offered gift, even one not suspect, shall in no way be permitted to you.

The Form of Visitation and the Method of Proceeding.

With gentleness preserve the censure of discipline, correcting crimes and excesses without any respect of persons; strive to extend to all the offices of charity and kindness. Take care to recall those at discord to concord, diligently exhorting prelates to solicitude and vigilance concerning the souls committed to them, and to reflect how much more perfect than others they ought to be, since they have pledged themselves to teach others the way of perfection; and what grave danger hangs over them, because in the strict examination of the Last Judgment they will be bound to render an exact account for their own deeds and for all those individually committed to them; and that all, both prelates and subjects, [unclear] of their profession, how they may fulfill them; likewise how sweet is the yoke of the Lord and light the burden to all of good will.

But because among very many the conversations of exhortation profit little unless the censure of coercion also be added, therefore in the monasteries or places which you shall visit for the time being, after the customary conference of salutary exhortation has first been given, for the carrying out of the act of visitation, once a bodily oath has been received from all concerning the truth to be spoken in their examination, proceed according to the tenor of the commission delivered to you through our other letters, even by the coercion of the censures and penalties there expressed, establishing, ordering, and executing what shall be necessary there for introducing and continuing regular observance and discipline.

Take especial care that the prelates of the monasteries which you shall visit be so instructed and imbued by the ministry of this visitation of yours that, with decent habit and tonsure, with honorable 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 institutions. Let them recall all their fugitive and absent monks, except only those absent persons who are bound to the parochial cares of annexed churches, as soon as they can, within a suitable term fixed for them by us for this purpose, to their monastery, to live there under discipline and regular observance.

[Let them obey?] abbots, priors, and provosts, and indeed one another in fraternal charity.

That Monks Are Not to Have Private Property.

Let no one be permitted to use the damnable private ownership of things or goods acquired in whatever manner; rather, let all things be reduced to common use.

Concerning the Vice of Incontinence.

Against the incontinent, both prelates and subjects, let the stricter severity of censure proceed, so that not only public vices of incontinence be punished or restrained by vengeance, but also every material or occasion be removed from the midst from which suspicion of incontinence could arise.

Concerning the Three Essentials of Religious Life to Be Observed.

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

That Monks Preserve Silence in These Places.

Let silence be observed in the oratory, dormitory, refectory, and in the cloister, and in the other customary places and 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 shall 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, so far as possibility permits, girded with cords or [girdles?]

[unclear] on mats or mattresses, or on blankets, by no means using linen sheets and linen shirts. Monks shall not sleep in private places.

Concerning the enclosure of monasteries.

With regard to the enclosure of those monasteries, careful and diligent attention is to be applied; nor shall it be lawful for any religious, except certain officials, to pass beyond the bounds of the immunity of his cloister without the superior’s special permission to go out. Let all observe the fasts instituted both by the Church and by the Rule.

Concerning the divine office.

Monks shall reverently, as is fitting, and distinctly perform the divine office, both by day and by night, at suitable hours. When this has been completed, they shall devote themselves to readings or to the works of their hands, according to the demand of the time and of their duties, and according to the direction of the Rule of blessed Benedict. Let books be distributed to the brothers at the appointed time. Let the brothers’ beds be inspected from time to time on account of private property.

Concerning the daily celebration of the chapter of faults.

Let the chapter of faults be held daily; in it, after the readings of the martyrology and of the Rule have first been said, let them 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 shall prepare themselves to celebrate at least once a week. Those who are not priests shall confess at least once a week, and shall receive communion on the first Sunday of each month.

That sick brothers and guests be provided for.

Let monks be suitably provided with food, drink, clothing, and other necessities, according to the determination of the Rule. Also, suitable places shall be assigned in those monasteries themselves both for the sick and for guests arriving for a time; toward them care and kindness shall be shown according to the provision of the same Rule. Let them lead guests to prayer; let a sacred reading be read to them for edification; and let them wash their feet.

That monasteries not be burdened with debts.

Let it be ensured with the greatest foresight that monasteries not be burdened with unbearable loads of debts; that their goods not be dispersed or alienated uselessly and without cause; and that, if any have been alienated, they be diligently recovered.

Concerning the preservation of property and privileges.

Abbots presiding, or rectors, shall diligently defend and guard the rights of their monasteries. They shall turn the fruits, revenues, and proceeds of the same monasteries to common uses and benefits. Books, vestments, crosses, chalices, and other vessels and ornaments, treasures, privileges, rights, letters, and the common seals of the convent shall be kept under locks and in safe places.

The rectors of monasteries are also ordered to render an account to their visitors every year. Prelates or rectors shall fully inform the visitors by whom they have been visited concerning the state of their temporal affairs. And the prelates themselves, and each of their officials, shall each year make a lawful account to the communities concerning their administrations.

Abbots shall entirely abstain from excessive mounts, dogs, and birds, and from unnecessary and unbecoming hunting dogs and birds and other animals and beasts, by which the inner man is defiled; so too shall the religious and their household.

Monks may not have weapons within the precincts of the monastery. Let none of the religious presume in any way to have weapons within the precincts of the monastery, or to contract spiritual co-fatherhood or co-motherhood.

Concerning nuns and their enclosure.

Nevertheless, insofar as the foregoing can concern abbesses and nuns, we wish it to be extended to their monasteries situated within the limits of your visitation, with perpetual enclosure to be confirmed by you by apostolic authority, according to the decretal Periculoso, Book 6.

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

To you moreover, the visitors and presidents of the provincial chapter, and to each of you, by the tenor of the present letters we grant the faculty of transferring persons of either sex who desire this from monasteries not yet reformed to reformed monasteries of the same order of yours, even when the permission of their prelates has been sought but not obtained.

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

Since [unclear]. We strictly enjoin and command that no man, of whatever estate, dignity, and preeminence, even if he be exempt, under penalty of excommunication latae sententiae, which we pronounce in these writings, unless he has license according to the disposition of common law from the ordinary or from him whom it concerns, and otherwise in cases permitted by law, shall hereafter and after the execution of the present mandate presume in any way to enter any monastery of nuns of the city and province of Mainz. If anyone attempts to do the contrary, then we will that he, by that very fact and without further declaration, be avoided by all as excommunicate, in divine services and outside them; and wherever he shall be, for as long as he remains there, the strictest interdict shall be observed in that place.

Likewise, nuns are forbidden under penalty of excommunication to go out from the monasteries.

Under penalty of latae sententiae and interdict, we enjoin all and each of the nuns of the aforesaid monasteries that, after notice of the present letters, they shall in no way, even when license has been given by the abbess and prioress or by any other woman whatsoever, unless as common law permits, dare to leave their monastery, nor shall any of them dare to do so. Rather, we will that a woman doing the contrary be excommunicate, and the place wherever she shall be be under interdict, without further declaration.

Commanding, under a like penalty of latae sententiae, all chaplains and priests who have certain knowledge of this, that they publish that nun as excommunicate and that place where she shall 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 statutes and of what kind have been issued by our most devout predecessors, the fathers, in provincial chapters, it would be laborious to go through all the acts and recesses of the same because of their length; yet lest so pious a desire of knowing be hindered by so great a labor, since it is also full of tedium for anyone to carry with him the larger volumes of the aforesaid recesses in celebrating chapters according to custom, I undertake to bring together the same statutes, abbreviated into one. 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 kind, so that what is to be done or thought in the remaining statutes may be recognized more easily. Then I shall summarize, with whatever brevity and diligence I can, the times, places, and statutes of the individual provincial chapters celebrated in our province from the time of the Council of Constance. And I believe that this labor will be sufficiently useful to posterity, if they should decide to add to these things what ought to be established. But if it should please no one, which I fear more, I nevertheless pray that I be forgiven, since I have satisfied, would that I had done so, not my own will, but that of the fathers who desired and requested it.

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

In individual kingdoms or provinces, every three years, saving the right of diocesan pontiffs, let there be held a common chapter of abbots and priors not having their own abbots, who have not been accustomed to celebrate such a chapter; to which all who do not have a canonical impediment shall come together at one [unclear].

[in] monasteries suitable for this purpose, with this regulation applied: that none of them bring more than six mounts and eight persons.

But at the beginnings of this kind of new arrangement they shall summon two neighboring abbots of the Cistercian order, to provide them suitable counsel and assistance, since from long custom they are more fully informed in holding chapters of this kind; and these, without contradiction, shall associate with themselves two from among them whom they shall see to be expedient. But these four shall preside over the whole chapter, so that none of them thereby assumes for himself the authority of prelacy; whence, when it is expedient, it can be changed by prudent deliberation. Let a chapter of this kind be held continuously for some fixed days, according to the custom of the Cistercian order; and in it let there be diligent discussion concerning the reform of the order and regular observance. And what shall have been decreed with the approval of those four is to be observed inviolably, all excuse, contradiction, and appeal being removed; provision nevertheless having been made where the chapter ought to be held at the next term.

And those who have assembled shall live a common life and shall all meet the expenses together proportionately, so that, if not all can lodge in the same house, at least several may lodge together in different houses. Also in the same chapter let religious and circumspect persons be appointed, who, according to the form prescribed to them, shall take care in our stead to visit each abbey of the same kingdom or province, not only of monks but also of nuns, correcting and reforming what they shall see to need the office of correction and reform; in such a way that, if they know that the ruler of a place should be removed altogether from administration, they shall notify his own bishop so that he may take care to remove him. But if he does not do so, let the visitors refer this to the examination of the apostolic see. We wish and command this same thing to be observed by regular canons according to their own order. But if, in this new arrangement, any difficulty whatever should arise which cannot be settled by the aforesaid persons, let it be referred without scandal to the judgment of the apostolic see, while the other things that have been provided by concordant deliberation are to be observed without opposition.

Moreover, 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 may find in them more that is worthy of commendation than of correction; taking the utmost care that through them the said monasteries are not burdened with undue charges, for we wish the rights of superiors to be observed in such a way that we do not wish the injuries of inferiors to be endured. To this end we strictly command both diocesan bishops and the persons who will preside over the chapters to be held that, by ecclesiastical censure, with appeal removed, they restrain advocates, patrons, vice-lords, rectors and consuls, magnates and knights, or any others whatever, from presuming to injure monasteries in persons or property. And if perchance they have injured them, let them not fail to compel them to make satisfaction, so that they 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, final section. The same text is found in the Clementines, Frequens, De excessibus praelatorum, at the end. Constitutions also confirm the same.

The things which our predecessor of happy memory, Pope Innocent IV, concerning the condition of these monks, for the more abundant cultivation of regular observance, established as to the use of shirts, the renunciation of property, silence and the eating of meat, and concerning their chapters to be held every three years, and also as to any other matters whatsoever, all these we renew and approve; we 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 decree and ordain that in the provincial order or religious body 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 knows that he cannot accept his office, let the others choose another with the counsel of the fathers. [unclear] Inclined by the honorable entreaties and supplications [unclear].

...the celebration of the provincial chapters of your order, if it should at any time happen that one or some of those presiding in the same chapters do not wish to accept their office, or cannot conveniently attend them. The other presidents, with the consent of the greater part of those then holding 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 the presents, we grant this.

We likewise grant, by the same authority, that the aforesaid presidents may change the place chosen for holding a chapter of this kind, and afterwards, for certain reasons, [unclear] as inconvenient, and may choose another place nearer the former one, with postponement of the fixed time for holding the chapter, as shall be expedient.

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 those chapters shall have with them respectable servants. And they shall take care, under penalty of excommunication latae sententiae, not to stir up or cause, by themselves or through others, disturbances or impediment of chapters of this kind.

Again we decree that all and each who come to the same chapters shall not lead, or cause or permit to be led, mounts or household attendants excessive in number or in any way excessive; but, with the number of mounts and attendants suited to the condition of each of them, we will and command that they be content.

But those attendants themselves, and others whom they shall lead or cause to be led or keep, shall be humble and respectable, such that it cannot in any way be presumed of them that, by themselves or through other secular or regular persons, they would inflict upon any abbot, prior, administrator, office-holder, monk, or anyone else coming with them or otherwise to the said chapters, or staying in them, or returning from them, or upon churches, monasteries, priories, or other places of theirs,

of whatever dignity, status, or condition, who by himself or through another has maliciously impeded, or knowingly and deliberately caused to be impeded, the free holding of the aforesaid chapters; and whoever has presumed to seize, or cause to be seized, those going to them, staying in them, or returning from them, or to detain them once seized, or to impede them, or, on account of this matter, to inflict damages, injuries, or offenses upon them or their households, in their persons or goods, namely so that the celebration of any of these chapters may be disturbed or impeded; and also whoever of the said order or religion, under pretext of visitation, has maliciously and deliberately committed the aforesaid things, or any of them, by himself or through another, against the persons of abbots, priors, or greater prelates visiting their own subjects, or against the persons of those visited in provincial chapters, or against the persons of abbots or other prelates to be deputed by principals or priors of monks, or of their households, or against their goods; and whoever of the aforesaid order, in such visitations or corrections or executions of their process, has maliciously impeded them, or has stubbornly and insolently opposed them, or has consented to those doing the aforesaid things, by himself or through another, by maliciously procuring prayers, threats, letters, the aid of secular powers or laymen, or any other impediments whatsoever; and whoever impedes the same order or religion itself in contributions lawfully to be made.

But those presiding over the aforesaid provincial and annual chapters, and each of them, when it shall be evident to them simply and plainly that someone has incurred the aforesaid sentence of excommunication, shall solemnly publish him throughout all neighboring places of the same order or religion as shall seem good to them, and shall cause him to be published by others by apostolic authority, compelling by ecclesiastical censure, with appeal set aside, those who do not obey them in this matter, until he has rendered fitting satisfaction and has been absolved by those presidents alone, or by at least two of them, by the aforesaid authority.

XLVIII. From the Council of Constance. When and why the provincial chapter was re-erected, and at what time.

Ancient authority teaches, and experience shows, that it is of little use to establish laws, however celebrated, unless they are duly entrusted to execution. Formerly, at various times, both a 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 each year. These provincial as well as general chapters, in very many regions, are said rarely to have been put into execution for a long time. From their omission many inconveniences and almost irrecoverable losses in spiritual and temporal matters have come upon this religion.

Therefore, since from the celebration of such chapters there are undoubtedly wont to come about the correction of the depraved, the reformation of morals, the avoidance of many evils, and the promotion of manifold good, we, who bear in the bowels of charity the reformation of this sacred religion and order, whose uprightness and venerable character the testimonies of the fathers show, have resolved to restore what has been omitted in this matter, and especially to ordain new executors of the said constitutions in the regions where the old ones do not govern according to their tenor, before the sacred council is dissolved. And now, beginning in the province of Mainz, in which at present we are staying, we will and ordain that a provincial chapter of abbots and priors, or provosts not having abbots of their own, dwelling in the said province of Mainz and the diocese of Bamberg, joined to that province in the aforementioned 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

a sacred general council is sitting; in that council, indeed, there are many abbots and professed members of this order from various regions, who in the aforesaid chapters of the province of Mainz will be able to provide timely counsel and assistance in these matters, and to direct them, since they have been more fully informed by long custom 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 dioceses of Bamberg of this order were summoned, so that on the day before the Kalends of March, in the year of the Lord 1417, in the city of Constance, in the monastery of Petershausen, they should appear in person to hold such a provincial chapter. This was also done in that manner. And from this time down to the present, in the aforesaid province, a chapter has been held every three years in accordance with 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 one thousand four hundred and seventeen, 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 of the dioceses [unclear] was held; the abbots were Thomas of the monastery of Eboracum of this and the diocese, Sifridus of Elwangen of the diocese of Augsburg, and Johannes of St George of the dioceses 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 under individual rubrics, I have inserted below.

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, deliberately, with pauses, not hurried through, not syncopated, and at suitable hours, as is contained in the Rule of our most learned father Benedict. To this, as soon as the signal has been heard, all things that are in their hands being left behind, they are to hasten together with the greatest speed, yet with dignity, lest levity find fuel; and so nothing is to be put before the work of God. And lest they be able to excuse themselves on the pretext of ignorance, saying that the signal was not heard, we will that the tract of Matins, which we wish to begin in the middle of the night, and that of Prime and Vespers, last at least beyond a fourth part of an hour. But anyone who does not come to the aforesaid divine office is to be punished without remission, as is contained in the Rule.

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 only one Mass is to be said; but if there are two, after the early Mass the other members of the aforesaid order are to celebrate, consecrate, and communicate, as is contained in constitution 12 concerning the celebration of Masses.

Concerning the chapter of faults.

We further will and ordain that whatever pertains to divine worship be clean.

The ornaments pertaining to divine worship are clean.

We will that each one, when he comes to his monastery, take care within a month concerning the judgments and firm leases [unclear] and the place where the Eucharist is kept there. And the books, with the other ornaments concerning the divine office of the monastery, are to be preserved with diligent custody.

Concerning the form and propriety of garments and tonsures.

Because through the propriety of outward habit and of tonsure [unclear].

[unclear] the professed and novices of the said order ought to display uprightness of conduct. We have decreed and ordain that all should wear large and broad tonsures, so that the circle of them does not exceed a space or thickness of two transverse fingers; and that they should comport themselves decently in clothing, habits, and footwear, according to the Clementine Ne in agro and the constitution of Benedict XII, De forma et honestate vitae: namely, that they should wear tunics and garments closest to their outer habit, of black, brown, or white color, according to the custom usually observed among them, round and reaching to the ankles, not slit and not marked by any other deformity, having wide sleeves extending to the fist, in no way buttoned or tied, yet not so wide that their width above the fist can be stretched out with the thumb raised. Nor should it extend around the mouth of the sleeve at the elbow, as the abuse of certain persons has it, beyond what would allow the arm to be turned and introduced easily.

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

For linings in their garments they shall not wear sendal, or miniver, or other costly materials, but for the said linings they shall use only skins of lambs or young lambs, or at least other cloths that are not costly. No linings shall appear in any way above the neck or at the edges of garments or sleeves. On the Habit of Those Travelling.

Furthermore, when it happens that they travel outside the monastery, they shall wear a frock, cowl, or cloak, and under the cloak, if they have worn it, a cowl or scapular.

Novices, however, shall use a cowl inside the monastery and outside, fitted on both sides. On the Habit of Novices. And lay brothers shall use a scapular with a hood attached to it, closed, inside and outside the monastery. On the Length of Garments, and on the Use of the Hood of Frocks. We ordain that its width shall not reach the mouth of 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. The said hood, however, shall extend at the back at least as far as the belt, and may not extend beyond it by four fingers. The length of the sleeves shall extend one cubit beyond the hand and no more. And their width shall not exceed another cubit and a half. Yet below it shall be so wide that steps can easily be taken within it. And what has been said of the frock we wish to be understood of the cowl, setting aside sleeves, since it has none.

Within the monastery, however, in places where there are twelve, all shall use the frock, except only the presiding officer in the monastery and the first after him, whom we wish always to wear the frock. Yet in work and in the divine office beneath the alb, and when riding beneath the cloak, they may wear only the scapular, which we wish to comprise a space of at least half a cubit in width.

Likewise they shall not use linen or hemp shirts, but shall wear a woolen undergarment or woolen garment in place of the said shirts. And they shall wear boots or high laced shoes, so that the width comprises a space of four fingers on the shin above the [unclear].

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 cause the constitution of Pope Benedict XII concerning the eating of and abstinence from meats to be observed inviolably. At the Tables of the Brothers Eating sacred reading shall not be lacking; and he who is to read throughout the whole week shall enter on Sunday with a blessing, as is contained in Rule chapter 38. All shall sleep in one dormitory, in partitioned cells

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

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

If, however, chambers are found in the dormitory, we command that they be destroyed by the visitors or by their order, or at least suitably latticed. In these places and at these times silence is to be commanded to be kept according to the Rule. We further will that silence be observed at all times in the oratory, dormitory, refectory, and cloister, and that after Compline no one be allowed to say anything, except as is contained in the Rule. Before the said Compline, however, let the Collations of the Fathers, or another edifying work, be read.

On the collation.

On the porter of the monastery.

At the gate of each monastery one prudent and discreet porter or doorkeeper is to be appointed, so that without the permission of the abbot or of another presiding officer in the monastery no freedom of going out from it may be granted. But if anyone goes out without such permission, let him be subjected to the penalties of the constitution of Benedict XII, On 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.

That a sufficient master of novices be had in the monastery.

We ordain that abbots place in their monasteries sufficient masters who will introduce their novices to the elementary sciences and, once they have been introduced, send them on to the general studies, assigning them a pension according to the form of the statutes of the often-mentioned Pope Benedict XII.

An inventory is to be made at the assumption of each abbey.

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

On grants and leases at farm, and on sales and loans.

Let them not give places of the aforesaid order at farm unless the Benedictine constitution has first been consulted concerning places not to be given at farm; this we will to be firmly observed. We also will that when [unclear] loans are to be made, the constitution concerning loans and sales likewise provide for it, and that it likewise be observed.

As many monks are to be maintained in the monasteries as can be conveniently supported.

We will and ordain that the ancient established number of monks be maintained, if the resources suffice for this; but if not, let them maintain as many as can conveniently be supported. Nor may anyone defend himself in any way under pretext of a privilege or custom, which should rather be called a corruption, by which they say that they ought to receive no one unless he is noble, especially if they have no nobles whom they may receive or who wish to enter the aforesaid monasteries; yet if such are found, other things being equal, they are to be preferred.

Necessary things are not to be supplied to monks in money.

Victuals and other necessary things 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 let the constitution of the aforesaid Benedict be observed, chapter [unclear], That Victuals Are Not To Be Supplied in Money. We will, however, that the said victuals and garments be supplied to the aforesaid religious persons at the [unclear] appointed in the Benedictine constitution, On Censuses and Revenues To Be Paid, chapter 21.

On nuns.

The things that have been said concerning monasteries of men we will likewise to be observed in monasteries also of nuns, as to the articles applicable to them; nevertheless willing and ordaining that they be kept under perpetual enclosure, as is contained in the constitution of Boniface that begins Periculoso, On the Status of Nuns, in Book Six; commanding the visitors, by virtue of holy obedience, that concerning this, as above,

when [unclear] has been exacted, they shall make and append it. The visitors and those coming to the provincial chapter shall not have more than twelve mounts. We further will that none of the visitors shall dare to bring with him more than twelve mounts; and we will that the same be observed concerning those coming to the chapter. But if they do the contrary, beyond the amount that they have spent, they shall be bound to pay it, to be placed in the common chest for the use of the aforesaid chapter within a month; but if they do not do so, they shall be condemned in double, as determined by the presidents, in the next chapter, no remission in this matter being of any benefit to them.

Concerning the appointment of the presidents, if it should happen that any one of them dies before [the chapter?] to be celebrated. We therefore keep silent about the names of the presidents for the chapter to be celebrated in the future, so that, if it should happen that any one or more of them should close his last day, the successor in the dignity of the abbacy shall likewise succeed in the presidency. We will that the same be understood concerning the preacher and the one who is to celebrate the Mass, and concerning each of the visitors of the whole aforesaid province and diocese.

That 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 others presiding in monasteries of the said order, have received and incorporated mendicants as monks, even without the license of their superiors; and, what is worse, that they afterwards permit them to wander, to the detriment of their souls and to the scandal of very many. We forbid them to presume such things henceforth; and those whom they have already received by apostolic authority or sufficient license they shall be bound to keep as much as they can, and others wandering outside the monasteries they shall be bound, at least within a year, to recall to the monastery; otherwise, if they have not exercised diligence in this matter, they shall incur sentences of suspension.

That these statutes be published to all subject to the provincial chapter, and twice in the year, together with the constitutions of blessed Pope [Benedict XII?]. That the aforesaid may be read publicly through all places of the order of the aforesaid province and diocese, and may be better observed, we ordain that within a year, or at least one month before the future chapter, every abbot shall be bound to hold and complete a general chapter, if he has any subjects outside his monastery, in which the aforesaid statutes shall be published. We nevertheless will that they be read distinctly twice in the year, in the daily chapter, so that no one may be able to plead the cause of ignorance, together with the constitution of Benedict.

The second chapter was celebrated 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 Pope Martin V, the second provincial chapter was celebrated at Mainz in the monastery of the Brothers Hermits of Saint Augustine, since it could not be celebrated at Saint Alban’s, where it had been placed in the preceding year, because of the transfer from the order that was then being conducted. In it there presided the venerable fathers, the lord abbots of Fulda, Kempten, Saint Ulrich at Augsburg, and Reinhardsbrunn.

Concerning the statutes.

In this second provincial chapter few statutes were newly issued; rather, 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. Yet I shall briefly make mention after them of those things which above were not marked or established. For I judge that the new things should precede in this place.

We further ordain. Concerning the spoils of benefices.

That abbots and others to whom by custom, statute, or privilege it belongs to receive the spoils of benefices subject to them, when receiving them, shall observe constitution 11. But if they have gravely exceeded in this, they shall be punished by the visitors, even beyond the penalties contained in it, which they may have power to impose.

Concerning the statutes of the preceding chapter, here repeated.

Finally, as I said before, all the statutes issued in the preceding chapter were here renewed and repeated word for word, namely: [unclear] discipline [unclear].

how the divine office is to be performed, and that at their proper times the monks confess, celebrate, and receive communion. Likewise, that the chapter of faults be observed daily. Likewise, that sacred relics and ornaments and vessels pertaining to divine worship be kept clean. Concerning the form and propriety of garments, and concerning the habit of those travelling and of novices. Concerning the common life of monks, and that they eat together in the refectory, with sacred reading never lacking to them as they eat. How monks are to sleep: each one in a separate bed, as above. Concerning silence to be observed in the four regular places. Likewise concerning the porter. Concerning the collation before compline. Concerning having a sufficient master of novices in every monastery. And concerning places of the order not to be given out at farm. Likewise concerning inventories to be made at the installation of a new abbot of any monastery. And that the due number of monks be maintained in every monastery. That provisions not be furnished to monks in money. Concerning nuns, as to the articles that concern them. Likewise, that visitors coming to the chapter not bring more than twelve mounts with them. That mendicants not be received into our order without apostolic authority or sufficient licence. And that the statutes of the present chapter be published and read in every manner expressed.

And all the other statutes above were inserted in this recess word for word. How prelates are to correct their subjects.

Finally, we exhort and beseech, in the bowels of Jesus Christ, under the attestation of his strict and final judgement, all and each of the abbots, provosts, deans, conventual and cloister priors of the said order, that each should so correct, amend, and reform his subjects and monasteries, and compose their conduct in regular discipline, that when the visitors come to their monasteries for the purpose of visitation, they may find rather what edifies them than what exists as worthy of correction.

The third provincial chapter was celebrated at Fulda, in the diocese of Würzburg, 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. In it the venerable fathers Lambert, abbot of the monastery of Michelsberg near Bamberg, Frederick, abbot of Hirsau, and Heinrich, abbot of the monastery of Saint Gotthard at Hildesheim, presided.

Concerning its statutes.

In this chapter also many of the statutes which 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 ought not to have more than six mounts, unless necessity should require otherwise; and whatever they have beyond that ought to fall to the benefit of the chapter.

Concerning the discipline of praying.

For the reform of the order, first, we ordain and decree that the divine office, by day and by night, be celebrated devoutly, drawn out, with pauses, not run through, not syncopated, nor one anticipating another, and at the proper 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 everything that was in their hands and hasten together with the greatest speed, yet with gravity, lest frivolity find occasion. And lest under pretext of ignorance, etc., as is contained above in the first chapter. Therefore let nothing be preferred to the work of God, for cursed is the man who does the work of God negligently. But lest anyone, on account of a lack of persons, be able to excuse himself from celebrating divine offices of this kind according to the institution of monks, we will that in each monastery as many monks be maintained and received as can conveniently be supported from their goods and revenues without want.

That monks not be received for a price or simoniacally.

We most strictly forbid that anyone wishing henceforth to transfer to that religious order should promise any money for his reception, either by himself or through others, or otherwise that he will give anything, except those things which his parents, of their free will and without any agreement with the boy, offer at the altar. And those received in this way, when the year of probation has passed, shall promise to live according to the Rule of Saint Benedict, and to fulfill and observe it according as the vow of profession and promise sounds.

Concerning the celebration of masses.

Concerning the daily chapter of faults.

Moreover we will that, in accordance with the constitution of Pope Benedict XII, the daily chapter be observed, in which regular discipline and correction shall be treated; and there also all things shall be carried out just as the aforesaid Pope Benedict established.

That conventual places which have collapsed are to be restored.

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

That entrance to the monasteries of monks is not open to women.

We wholly forbid the female sex entrance into the monasteries, choirs, and cloisters, commanding that all doors of the same monasteries of the said order be closed as the visitors shall have arranged.

Likewise concerning the same.

We decree that in monasteries, or within their enclosures, in houses in which monks dwell, no one shall presume to keep women, even if they are mothers or sisters. Those doing the contrary shall be duly punished according to the fault.

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

We forbid that beggars henceforth be received into our order; but those already received shall be recalled to their cloisters, and shall be instructed and reformed according to the Rule and the statutes of our order.

Concerning the claustral prior.

We will, and in virtue of holy obedience strictly command, that in each monastery there be appointed a provident and discreet prior, as the more suitable one can be found in the congregation of the monastery; and let him be such a one as is powerful in work and useful in speech, who is able to exercise care of the cloister and governance in spiritual matters; who shall diligently observe all the aforesaid articles insofar as they concern him, and shall cause them to be observed by all; and who, concerning the discipline of the choir, dormitory, refectory, and other things as they have previously been described, shall have watchful and faithful care in spiritual matters. And if any difficulty arises in any matter, he shall refer it to the abbot, who shall discuss and judge these things.

Concerning baths.

Because indeed the use of baths is sometimes necessary for monks, we will that every abbot, or the person to whom it belongs by office, shall make and build a bathing-room in his monastery, so that the way of wandering about may be closed to the monks.

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

Moreover we forbid all conspiracies against abbots, as well as private defamations of persons and of brothers, and every betrayal of the secret of the chapter or council; and let every game of dice, knucklebones, chess, and other games and disorders, by whatever name they are reckoned, cease.

That monks are not to become co-fathers.

Moreover we decree, prohibiting according to the ancient decrees of the holy fathers, that monks are not to become co-fathers, as in De consecratione, distinction 4, Non licet abbati, and Causa 16, question 1, Placuit communi.

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

Furthermore it has been decreed and established, with this holy chapter approving, that churches, oratories, altars, vessels, corporals, vestments, and other ecclesiastical ornaments be kept clean and neat. And that full provision be made for breviaries, missals, and other books, vestments, chalices, and any ornaments necessary for divine worship.

Concerning the quality of vestments.

We will that those things that have been written and defined concerning the quality and quantity of habits, garments, and footwear in the chapters held at Constance and Mainz be observed inviolably by all.

That monks live in common. That they sleep in one place.

We will that the brothers live in common according to the Rule, and likewise eat in one refectory, in which no one at all is to eat meat. They are to maintain an infirmary according to the Rule and the disposition of the abbot. All private little houses also are to be destroyed at the abbot’s command, or assigned to some offices for the benefit of the monastery. But all are to sleep in one dormitory, in partitioned chambers, each in his own bed, according to the disposition of the abbot. Concerning the other statutes of the preceding chapters, repeated here.

Furthermore, the constitutions and statutes decreed in past chapters were repeated precisely, word for word, in this one, just as they are contained above: namely, concerning the divine office; concerning the ringing for matins, prime, and vespers; likewise, that monasteries and conventual places that have fallen into ruin and been destroyed are to be reformed; and that a prudent old man is to be placed at the gate of each monastery; likewise, that abbots and the other officials of monasteries, after debts and expenses have been set out, are to render to the visitors a full and faithful account; that silence also is to be kept most strictly in its four conventual places; and that, concerning loans, leases, spoils, fiefs, those to be sent to studies, and also concerning the preservation of the Eucharist and relics, the Benedictina is to be observed.

Concerning nuns.

Those things that have been said and are contained in the [unclear] chapter concerning monasteries of men, we will to be understood also in monasteries of nuns, as regards the articles relevant to them; and we also command them to remain under perpetual enclosure.

Concerning the observance of the commands.

All these our aforesaid commands, however, we will, ordain, and command to be observed inviolably by all subject to our chapter, as each is concerned. Nor by this do we restrict the statutes of our order or of preceding chapters, but we will that those likewise be diligently and firmly fulfilled and observed by all, without any contradiction. Let the visitors therefore 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 held in Seligenstadt 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 held in the monastery of Saints Marcellinus and Peter, martyrs, in Seligenstadt. In it these venerable fathers presided: Albert of Hersfeld, George of [Kastl?], and Theoderic of Amorbach, abbots of monasteries.

Concerning the statutes of this chapter.

Before I recount the statutes of this chapter, and before those that were published and ratified in this sacred chapter, it is pleasing to set forth briefly those things that, having been decreed in past chapters, were inserted word for word here into the record. For the repeated insertion of statutes so often serves this purpose: that the more often something has been decreed in several chapters, the greater authority it may possess.

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

Likewise, that visitors are not to bring with them more than six mounts, 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, chapter 1.

And that the chapter of faults is to be observed daily, as in the same place.

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

That all are to sleep in

in one locked dormitory, with enclosed chambers at each bed. Private little houses are to be destroyed; also the conventual places that have fallen into ruin are to be restored. Likewise, provisions are not to be supplied to monks in money. And concerning a prudent elderly 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 that were 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 able in deed and speech and diligent regarding regular discipline, and observes the articles of the order concerning him or the brothers. But if he is found to be a transgressor or blameworthy in any respect, 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 is to 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, both past and future, of the chapter 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 celebrated, and the presidents and visitors on the following Tuesday, so that they may report opportunely to the presidents concerning their visitations. Therefore these same presidents and treasurers are also ordered, as has been said, to come before the day of the chapter to be celebrated, so that they may inform one another about each particular 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 following.

LVI

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

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, like 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. Commanding also, we wish that every abbot and convent, when their visitors have come to them for the sake 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. Concerning 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; and we perpetually forbid them all games and unseemly exercises, lest they become [unclear].

Concerning habit, clothing, and footwear; concerning inventories and accounts to be made to the visitors. We wish 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 in c. i, 2, 2. Concerning ha-

Concerning the habit of those travelling, whether riding or walking.

... we have decreed that it is to be ordered in this way: namely, that the outer habit shall be a mantle hanging to the middle of the calves, cut on each side with one opening, and beneath it a scapular, which shall exceed the mantle by the length of three transverse fingers, whose appendage shall appear outwardly, because of fear of the excommunication issued against such persons as conceal or alter the habit without reasonable cause.

Privileges of monasteries. Concerning the custody of privileges.

And other jewels, relics, and treasures we command to be kept under faithful custody and secure enclosure.

Concerning conspiracy and defamation.

We forbid abbots and the other prelates and rectors, as well as private persons, [unclear] and defamation of abbots and brethren, and every betrayal of the secret chapter, commanding that transgressors be corrected by their superiors in such a way that the rest may take warning.

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

We also forbid, by virtue of holy obedience, all prelates subject to our chapter to receive mendicants into our order hereafter. But those who have already been received and wander about here and there are to be recalled as quickly as possible to their monasteries.

Mercy alone is companion to all things. Concerning deceased brethren.

Concerning the state of the deceased, we establish and ordain that individual abbots, or their curators, shall henceforth bring and present in each chapter brief notices of the names of the deceased brethren and of the days of death of those who have died within the chapter celebrated and to be celebrated, so that prayers and suffrages may be made for them. And this is the form of the briefs: that such-and-such a priest or Levite, etc., died on such-and-such a day in such-and-such a place, etc.

Concerning nuns.

What has been said about monasteries of men we also wish to be observed inviolably in monasteries of nuns, as to the articles that apply to them.

Concerning the general chapter and the publication of statutes [unclear]

The statute also concerning the publication of all the proceedings of the present chapter and of the statutes of this chapter, set down several times above, and concerning the general chapter to be held within the year, is here again set down and renewed throughout, as [unclear] c. i at the end; let it be read there.

Conclusion.

Many other matters were here enacted, ordained, and treated, which are contained partly above; partly, as less necessary, I have passed over. All, however, 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 lord Martin, pope, the fifth provincial chapter was celebrated in the monastery of Saint Stephen at Würzburg. In it the venerable fathers presided: Baldwin in Lüneburg, Theoderic in Northeim, Appello in Suijsheym, 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, with only a few additions; some of these, because of their greater authority, I have taken care to note here briefly.

First, the ordinances concerning the divine office; concerning the ringing of bells; 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 brethren; that victuals are not to be given in money; concerning the dormitory; concerning silence; concerning reforming ruined places; concerning the accounting to be made to the visitors; concerning the aged porter; concerning propriety in clothing; concerning conspiracies; concerning [unclear]; concerning mendicants not to be received into the order; concerning the publication of statutes; concerning nuns; concerning visitors. h

that he not take more than six mounts with him. On the penalty for visitors who neglect to visit within the year. And many other things which are set out above and are contained in the book of capitular recesses. Now let us append the particular statutes of this chapter.

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

Furthermore, when visitors have come to some monastery for the purpose of visiting, the abbot and convent of that monastery shall cause the horses, property, and goods of the visitors to be guarded with the utmost diligence. But if anything of their property, goods, or horses should happen to be lost or taken away, before all else the abbot and convent of that place itself, without any objection, shall pay the value of the lost goods or property to those visitors without delay; and nevertheless they shall be punished in chapter, at the discretion of the presidents, for such negligence.

But if, which God forbid, the visitors have been robbed or harmed in any respect on the road while they are going to make a visitation, the provincial chapter shall make satisfaction to them for such loss, as is fitting. On the safe-conduct of visitors.

It has further been decreed that any abbot [unclear]. If, however, anyone has presumed to be procurator for more persons, the procuratorial documents themselves ought not to be admitted.

On the chest. Further decree, and on the keepers of the chest.

[unclear]

But if, which God forbid, the visitors have been robbed or harmed in any respect on the road while they are going to make a visitation, the provincial chapter shall make satisfaction to them for such loss, as is fitting. On the safe-conduct of visitors.

Further decree, and on the keepers of the chest.

[unclear]

[unclear] abbots to be visited, robbed or harmed in any respect, the provincial chapter shall make satisfaction to them for such loss, as is fitting. On the safe-conduct of visitors.

Further decree, and on the keepers of the chest.

for the use of the chapter shall be kept at Nuremberg in the monastery of St. Giles, of the order of St. Benedict. And from there the designated treasurers [unclear].

Concerning the brief of the dead. We further decree that each abbot, or their procurators, whenever in all future time they come to the provincial chapter to be held, shall bring with them briefs containing the names of the deceased brothers of their monasteries who have died between the chapter held and the chapter to be held, so that they may be commended to the prayers of the fathers. This concludes this fifth chapter. Many other things also were decreed and repeated in the present chapter, which are not here expressed one by one, because they have once been set down above 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 St. 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 St. Peter in Erfurt. At it the venerable fathers and lord abbots presided: Johannes in Vrauwe, Henricus of St. Giles in Brunswick, Georgius of St. Giles in Nuremberg, and Nicolaus in Bretzenhausen.

First of all the old statutes are praised. With the common consent of all, first of all we approve, ratify, and renew all and singular the statutes issued in previous chapters, and we wish them to be considered expressly confirmed, as if inserted here.

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

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

Concerning also the proctors of absentees

Furthermore, we moderate and mitigate the statute of the fifth chapter, in which it is provided that no one may be proctor for more than three, decreeing that some religious man otherwise suitable may be proctor for four or even five abbots in great necessities.

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 and their own monasteries and those subject to them, lest, when they direct their eyes to the reform of others, the weak should murmur and say, “Physician, heal thyself.” Therefore let them begin first with themselves, and so confidently visit and reform the monasteries committed to them, of monks as well as of nuns.

Concerning the report of the visitors to the presidents

Moreover it has been decreed that, when the visitors have completed the duty of their visitation, they 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 concerning the telling of the truth is not to be extorted from those to be visited.

It also pleased us that, without the exaction of an oath, after first setting forth the word of God, the visitors themselves shall begin and complete their action 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 are able, all and several monasteries of either sex that are to be visited by them before they depart from the place to be 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 subsists. And where they do not find valid disciplines and ceremonies, new

canonical sanctions and the statutes of the fathers and of the chapters: which those visited shall be bound to observe without any prior announcement.

We command all and each of the prelates of our province and those subject to the chapter, that each of them, immediately after notification of the present letters, in his monastery, should strive, as far as he can, 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 substantial matters: obedience, continence, and poverty; in the eating and abstaining from meats; in divine worship and the other monastic disciplines, trembling at that terrible but truthful sentence of our blessed father: “Let the abbot know that whatever the master of the household shall find less useful in the sheep lies as the fault of the shepherd.”

The seventh provincial chapter was held on the Monks’ Mountain 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 held in the monastery of Saint Michael of the Monks’ Mountain near Bamberg. In it there presided the venerable fathers, the lord abbots Georgius in the castle of Saint Peter of Erfurt, Heinrich of Saint Giles of Nuremberg, Hugo in Alpersbach.

On the statutes of the ancients approved.

First of all we approve and renew the ancient statutes, and we will that all of them, just as they were duly and lawfully issued, be inviolably observed by those subject to our chapter.

That those coming to the chapter should live communally during those three days.

The provincial sacred chapter further decreed that those coming to celebrate the provincial chapter in future times, according to the constitution of Innocent, pope the third, of happy memory, Extra, De statu monachorum, chapter In singulis, should lead a common life and be refreshed together during those three days. And only two dishes of fish should be served, one of eggs or of fried things, and two good pottages, with cheese added, and some fruits if they can be had.

On the [unclear] of the lords.

We establish and ordain, by the authority of the presidents, with all the fathers consenting, that each of the presidents shall have full power and authority jointly and severally to carry out execution and to proceed, according to the tenor of the Benedictine letters, against all and each persons of either sex who oppose those visiting them, or do not admit them, or hinder them, or obstruct them in any other way whatsoever; and against those who offend monasteries in persons or in goods in any way whatsoever. And that they should compel the visitors to exact, for the chapter, according to the Benedictine letter, from the monasteries the visitation or the penalties for contumacy from abbots who neglect to come to the chapter.

Visitors. On fulfilling the time of visitation.

Within the year they shall faithfully complete the office of visitation entrusted to them, and as quickly as they can they shall make a report of it to the lord presidents. Those rebellious against the visitors shall be denounced to one of the presidents, the nearer one, so that he may proceed against such rebels, and also against those who do not obey the visitors, by apostolic authority through ecclesiastical censure according to the measure of the faults and of the rebellion.

On certain statutes placed in the preceding chapter and repeated in this one word for word.

In the immediately preceding chapter certain statutes were issued, which in this one also were precisely repeated and inserted word for word in the recess, namely: that the visitors should first strive to reform themselves and their own; likewise that, after the word of God has been set forth, they should proceed without the exaction of 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 of which are contained in the preceding chapter.

The eighth provincial chapter was celebrated at St. 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 the lord Pope Eugene IV, 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, the lord abbots Ortwin of St. Peter's at Erfurt, Johannes in Stein of the diocese of Constance, and Heinrich in Amorbach, of Mainz, presided. In it provision was made concerning persons to be sent to study.

The old statutes are renewed and approved.

First, by common consent, we approve, ratify, and renew each and every statute issued in the preceding chapters, and we will that they be inviolably observed by all those subject to our chapter, so far as each one is concerned. These statutes, set out above, were set down here again.

Finally, in this chapter almost all the statutes were repeated and inserted in the recess; but, to avoid tedium, it will suffice to note them briefly. First, the statute that the fathers coming together to the chapter should live in common in the refectory during those three days, and concerning the number of dishes, as above, chapter 7. Likewise the statute concerning the visitors, that they should first reform themselves and their own. And, beginning with 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 be diligent in reforming themselves and their own in the three especially substantial matters, concerning abstinence from meat and the other things that were issued above, chapters 6 and 7; they are similarly set down here. Furthermore, the statute concerning the authority of the lord presidents, as above, chapters 6 and 7, is likewise set down here in the same words.

Concerning the time of visitation.

We moreover command these visitors, and under penalty of excommunication to be imposed we enjoin

so that within a year they faithfully and effectively carry out the office of visitor enjoined upon them, and make a report as quickly as they can to the nearer president.

That they should not receive mendicants 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 they are to bring back to their monasteries as soon as possible those already received who are now wandering. See c. 2 and c. 3; and this has often been decreed 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, and not henceforth to give anyone permission to dwell in parishes or to govern them, unless they are annexed to monasteries.

What sort abbots ought to be

Since the madness of wolves must be deterred by the barking of dogs and the staff of the shepherds toward their subjects, we command all abbots of our province subject to the chapter that, after the example of the good shepherd Jesus Christ, whose place they appear to hold in monasteries, they should kindly cherish and prudently defend their monks and subjects, not lording it over the clergy, but being made 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 at Basel, while the general council was being held there at the same time. At it there presided the venerable fathers, the lord abbots Ortwin of Saint Peter at Erfurt, Frideric of Saint Mark in Reichenau, John of Saint George in Stein, and Heinrich in Faucibus, of the dioceses of Mainz, Constance, and Augsburg.

Concerning the statutes of the former chapters.

Moreover, first of all we approve and commend the statutes, and we will that they be observed by all as though expressed here.

The statutes of the preceding chapters repeated here.

In this chapter of the fathers almost all the statutes issued in the preceding three chapters were again repeated word for word. First, namely, the statute concerning the common life of those coming to the chapter, and concerning the number of dishes at the same, as is set forth precisely above, chapters 6, 7, and 8. And there it was ordained that the treasurers themselves should provide for the refreshment during the three days of the provincial chapter. Likewise concerning the power of the lord presidents, namely that each of them individually should have authority to proceed against rebels. Concerning the visitors also, who were compelled under penalty of excommunication to fulfill their office faithfully within the year, and to make a report of the whole matter to one of the nearest presidents; and that they should first visit and reform themselves and their own, and only then proceed to the reformation of others. Likewise that mendicants should henceforth not be received into our order, under penalty of excommunication, as above. Under the same penalty it is decreed, as above, that abbots should seek out their fugitives and should not give anyone permission to reside or govern in parishes except as is permitted above, chapters 7 and 8. Likewise the statute concerning fugitive monks not to be received to obedience without letters of recommendation is repeated as above. All these things which I have briefly reviewed, just as they are contained above in form word for word, were again issued and made as though anew.

Decree concerning the penalty for those in contumacy.

It was further decreed that the presidents, and each one of them, should compel by ecclesiastical censures, with appeal removed, according to constitution 12, the abbots and others who did not come to the chapter in person nor send lawful proctors with sufficient mandate for paying the double amount, and also for paying the contributions imposed by the chapter.

Concerning the observance of the precepts.

We also command all visitors appointed and to be appointed that in each monastery which they visit they leave a recess or visitation charter. We command that all and singular the statutes and mandates written above be observed inviolably by all, reserving, however, what is to be added, decreed, or changed in the sacred Council of Basel for the reformation of our said order. For the cause of this reformation, in the said sacred council twelve prelates of the aforesaid order from the said province of Mainz and the diocese of Bamberg have already been appointed and elected.

The tenth provincial chapter was held at 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 Saint Giles at Nuremberg, of the same order. At it there presided the venerable fathers, the lord abbots Hartung of Saint Peter at Erfurt, George of Saint Giles at Nuremberg, Nicholas of Saint Blaise, and Heinrich in Amerbach. In this chapter the bull of the Council of Basel concerning the reformation of our order throughout the province of Mainz and the diocese of Bamberg was presented and accepted. For its dispatch twelve prelates in the same

were appointed by the council concerning the order and province aforesaid, as above.

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 every one of the decrees and statutes issued in the provincial chapters held hitherto, insofar as they do not run counter to the reform.

Concerning the power of the presidents. We will that each of the presidents, jointly and severally, 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 provision of the common law, against all and each persons of either sex who shall have presumed to oppose the visitors, or shall not have admitted them for visitation, or shall have impeded them in any way, or shall have been found opposed to the reform agreed upon, and who shall have harmed those monasteries in goods or in persons. The presidents shall personally visit the royal monasteries, taking the visitors with them.

The sacred chapter decreed that each one of the presidents ought personally to 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 the other monasteries where and as often as it shall be necessary. Concerning the visitors, as above. The statutes issued in the preceding four chapters were again set down in this form and inserted in the recess: concerning the visitors, that within the year they begin their office with the word of God and report as soon as possible to the nearest president the condition of those monasteries visited by them; all of which matters are contained more fully above, chapters 6, 7, and following.

Concerning the bull of the Council of Basel. To the fathers residing in the sacred chapter there was exhibited 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 did not wish to place it here, but it is set down separately, fol. 34. Given on 20 February, in the year of the Lord 1439. The fathers unanimously accept this bull.

By harmonious and unanimous vote, [no one?] dissenting, and with mature deliberation, we accept and, so far as lies in us, approve the bull of the sacred general Council of Basel; and concerning the reform of our monasteries subject to the chapter, we will and command that it be observed in all our monasteries not yet more strictly reformed, nevertheless enjoining all and each prelates throughout the aforesaid province of our order that they apply themselves to reforming those subject to them who have not yet been more strictly reformed according to the same form.

That the bull of the aforesaid reform be read publicly in each monastery and once in every quarter in community. We also will and command that the form of the aforesaid reform, carefully copied word for word, be kept in every monastery in good and legible writing, and that once in every quarter it be read publicly in daily chapter; and that it be explained in the vernacular to the brothers by the president, or by whomever he himself shall have ordered, 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 that three-day period in one refectory, and there shall be served to them two dishes of fish only, and one of eggs or fried dishes, and two good dishes of pottage, 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 presided the venerable fathers, the abbots of St. Giles there, of St. Peter of Erfurt, of St. Blaise, and at Amorbach.

We accept anew the bull of the Council of Basel for reform. With the common assent of all the fathers present and of the proctors of those absent, we receive and accept anew the bull of the Council of Basel for initiating the reform and

we will that every abbot have a copy of it in his monastery, and that superiors take effective care to reform the monasteries subject to them according to it, lest those already more strictly reformed should wish, under pretext of this form, to relax themselves to a laxer life. We nevertheless admonish and exhort in the Lord Jesus those who up to now have made a beginning in holy religion in the observance of a stricter life, that they persist in their good beginnings and advance more and more from day to day, and that, not turning aside from their purpose under pretext of this norm, they turn themselves to laxer things; for the constitution of this bull was issued as a beginning of regular life for those who hitherto have been more negligent, until the best God grant them greater gifts.

The aforesaid bull also here commands that an authentic copy be kept in every monastery, in good and legible writing, and be read publicly once in each quarter in convent, as above in the preceding chapter.

On the procurators of the visitors.

It has further pleased us, and we decree, that the appointed procurators of the absent shall see whether the visitors have fulfilled their visitations, and shall report the negligent to the nearer presidents, who shall compel them, by ecclesiastical censure and other penalties if need be, to fulfill their office.

That no one be procurator for more than three.

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

On the viaticum of three florins to be paid to the visitors.

The whole community of the fathers has also decreed that every visited abbot shall pay his visitors three Rhenish florins for viaticum, unless the visitors themselves, for good reason, wish to receive less; in this matter we burden their consciences.

That prelates not absent themselves from the chapter.

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

On the accounting to be made by the former presidents to the new ones concerning receipts and expenditures.

We further will and ordain that, when their office has expired, the presidents shall render to the new presidents a full and clear account of each and every item received and expended 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. In it presided the venerable fathers, the lord abbots of St. Peter there, of St. Gall, of St. Giles of Nuremberg, and of St. Stephen of Würzburg. In it procurators were appointed who were to accuse the negligence of the visitors before the presidents.

On the old statutes here renewed and repeated.

In this sacred chapter, as also in the two immediately preceding, the bull of the Council of Basel concerning reform was accepted in the same words as above. And that it should be kept in every monastery and read four times in the year, as above in the preceding chapter. And that the brothers of a stricter life should not wish, under pretext of this bull, to descend to laxer things, but should persevere by advancing toward the better, as in the same place. Likewise the statute concerning the authority of the presidents over the rebellious, and concerning the investigating of the negligence of the visitors by procurators, is set down here in precisely the same words in which it is contained above in the same chapter 10, together with certain other matters.

Royal monasteries are to be visited by the presidents.

Royal monasteries shall henceforth be visited by one of the presidents, with the visitors of that diocese taken along with him, as above in chapter 10.

On the monasteries of nuns to be visited.

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

On the briefs of the dead.

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

of the deceased, within the chapter held and to be held, shall henceforth be brought to that same chapter, so that the debt of fraternity 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 Cantate Sunday, the thirteenth provincial chapter was held in the monastery of Petershausen at Constance. Presiding at it were the venerable fathers, the lords abbots of Petershausen there, of Saint Giles at Nuremberg, of Saint Stephen at Würzburg, and of Saint Gotthard at Hildesheim. Concerning the old statutes here renewed and repeated.

First, it receives the often-mentioned bull of the Council of Basel, and orders it to be kept and read in every monastery, as above, in the same words and form. Several other statutes also are set down here in the recess, which nevertheless had often been previously defined in the preceding chapters: namely, concerning the authority of the lord presidents over rebels; and that the visitors of each diocese should visit the monasteries of nuns; and concerning the negligence of visitors to be reported by the curators to the presidents; with many others which are set out fully above in various places.

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

As the Lord says in the Gospel: if a blind man leads a blind man, both fall into the ditch. We decree that, so far as can be done, this regulation be observed in the election of presidents and visitors: that reformed men be deputed to such offices, because he who has neglected first to reform himself can never properly instruct others.

Concerning the negligence of visitors.

And because we have learned by experience that some visitors have hitherto shown themselves negligent in the tradition and have not taken care to fulfill the office enjoined upon them, therefore we will and command all visitors to strive to fulfill the office of their visitation with all diligence as quickly as possible; otherwise, according to the tenor of the Benedictine [statute?], we will and declare that they and each of them incur by that very fact the penalties which those incur who did not come to the provincial chapter without having a canonical impediment.

Who are to be excused from the chapter.

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

Concerning wandering monks, not to be received.

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

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

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

Concerning one who wishes to transfer from an unreformed monastery.

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

Concerning the safe-conduct and travelling expenses of the visitors.

Each abbot or prelate visited, with the help of his convent, shall conduct his visitors as far as another monastery to be visited by them; and, 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 burdens, unless the visitors themselves, for a pious reason, have decided that less should be received.

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

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 held at St Stephen’s in Würzburg, the most reverend father lord Nicholas of Cusa, cardinal priest of the title of St Peter ad Vincula and legate, being present and presiding over that chapter. In it the venerable fathers, the lord abbots of St Egidius in Nuremberg, St Burkhard in Würzburg, St Peter in Erfurt, and St Godehard in Hildesheim, presided.

Of the old statutes repeated.

Besides those statutes which the aforesaid lord cardinal Nicholas issued, the present holy chapter enacted certain things, and repeated word for word many things issued in previous chapters, namely:

Concerning safe-conduct and travelling expenses for visitors, as in the immediately preceding chapter.

Likewise, that the names of deceased brothers are to be announced in each chapter, 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 the monasteries.

It has come to our hearing by truthful report that in some monasteries, even reformed ones, by a certain singular gracious permission of prelates, collations before compline have customarily been held; and now the brothers in certain monasteries contend that these are held daily 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, with detractions, frivolities, reports of secular affairs, and even sometimes extending to excessive contentions, and at times in the presence of laypeople. Therefore we prohibit those same collations from henceforth being held without the special favor of those same prelates; and we also will that the visitors be particularly admonished about them.

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

The fifteenth provincial chapter, held at Seligenstadt for the second time, was celebrated 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 held in the monastery of the holy martyrs Marcellinus and Peter 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 Würzburg, presided.

They approve the statutes of the lord cardinal.

Following in the footsteps of the lord cardinal and legate, we command that all and each of the things enacted, issued, and ordained by him for the reform of our order in the provincial chapter most recently held at Würzburg, and then unanimously accepted by the lord presidents and the whole chapter, under the penalties and censures contained and expressed in the letters made concerning them by the said lord cardinal, be strictly observed by all, with the sacred chapter approving.

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

We further will and ordain that, for provincial chapters to be celebrated henceforth in the future, the lord presidents, visitors, and treasurers come together on certain preceding days, meanwhile being supported also at the chapter’s expense, to treat those matters which shall arise as necessary and opportune for the more useful and speedier celebration and dispatch of that chapter.

How visitors are to be received and treated.

We also strictly command all prelates and convents that they, if required concerning this, provide for their visitors, at their own expense and to the best of their ability and knowledge, safe-conduct from the princes of the region and of that place or dominion, as far as another monastery to be visited. And they shall receive and treat those visitors with all reverence and humility, charitably, and shall diligently observe and obey their admonitions and ordinances. Also the things of those same visitors, horses and other goods, under

they shall keep with faithful security, under penalty of restitution and payment of all and each of the things deceitfully or fraudulently thus lost.

Concerning the household of the visitors. The visitors, moreover, 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 impeding visitation incur the sentence of excommunication. Lest anyone impede so salutary an office of visitation by any contrived device or pretext, we will that all and singular abbots, priors, provosts, and their monks who refuse to receive their visitors, or who forbid them, and who are rebellious and disobedient to them, and who impede the office of visitation by nod, deed, or writing, or who subordinate it to be impeded by their friends, noble or ignoble, or by any persons whatsoever, or who order or procure by any device, by themselves or through another, or who directly or indirectly do or attempt anything whereby the visitors cannot freely and quietly exercise this office of theirs, shall incur by that very fact the sentence of excommunication. The same visitors are also bound to publish that sentence of excommunication against them and to commit it to due execution. Likewise we will that all and singular abbots, provosts, priors, convents, and persons who have rejected from themselves this reform of the lord cardinal legate and of the chapter, previously received and continued up to the time, shall incur the same sentence of excommunication, unless they effectively resume it at least within the time to be fixed for them by their visitors and continue it.

The practice of begging is forbidden. It has come to our ears by reliable report that persons of both sexes of our order, driven not so much by poverty as by the sake of gain, go about procuring that such begging of theirs be announced from pulpits, and even begging door to door, to the disparagement of the order. We forbid this to be done or to happen henceforth, and we exhort the people of God not to extend helping hands to such persons. And the same persons to their own

they are to send them back to the monasteries; or, if the resources of those same monasteries do not suffice, the brothers themselves, or persons of the order, are to see to it that such petitions are published and that the alms collected are conveyed, not by themselves but through secular persons; and they are to seek the necessities of life from the nearer monasteries of the same order. If, after this our prohibition, they do not desist from the aforesaid matters, each presiding officer will be able, and ought, to proceed against them as disobedient, according to the character of their offenses.

That monks not be given license to wander.

We have also learned that some abbots of monasteries [and?] prelates do not hesitate to receive into obedience, without due proof, fugitive monks and others fleeing the restraints of discipline, and moreover sometimes wandering about after license has been extorted from their superiors; and that they give occasion for wandering to those who wish it, to the peril of their souls and the scandal of very many. We therefore, wishing to cure a deadly disease, strictly forbid such things to be done henceforth, under penalty of infamy and incapacity; after prior warning, the visitors are to impose this penalty on prelates who grant license to wander, and on monks who receive it, with heavier penalties nevertheless to be added if the fault requires it.

Concerning proctors of absent persons.

Let one not be proctor for more than three abbots, under penalty of suspension from divine services, to be imposed by the presiding officers for the time being, unless an evident cause stands in the way. Whether that cause is sufficient must be set forth before the presiding officers.

Concerning the old statutes here repeated anew.

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

LXVII

The sixteenth provincial chapter, celebrated 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 celebrated at St. Peter’s in Erfurt. In it presided the venerable fathers, the lord abbots Berthold of St. Stephen’s, Würzburg; Johannes of St. Michael’s, Hildesheim; Udalricus in Blaubeuren; Rubertus of St. James’s, Mainz.

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

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

That secular persons may not attend capitular acts.

We will that henceforth no secular person be admitted to the deliberations and acts of chapters; but when some act must be reduced to public form, then notaries and honest, trustworthy witnesses are to be summoned.

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 manners, especially in habit and tonsure. And those who use birettas should not wear them bare and openly, with the hood of the cowl lowered, as some are accustomed to do, but should 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. And we will this to be firmly observed henceforth in every place, especially by the simple conventual brothers of our order, except in the divine offices.

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

We have also decreed that henceforth, in the recess of the chapter celebrated for the time being, the names of the 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, shall not constrain either prelates or subjects, by oath or otherwise indiscreetly, to disclose or publish hidden matters, especially criminal ones, unless the order of fraternal charity has been observed.

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

Certain abbots who have provostships, 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 the same provostships, priories, and deaneries are henceforth to be visited by the visitors of the provincial chapter. The abbots to whom they are subject, however, may likewise attend such visitation if they wish. And such persons visited shall be bound for the time being to pay only half the levy.

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

It has become known to us that there is an abuse among certain persons of our order: that after dinner, and also after supper, they hold in turn disorderly and excessive feasts and drinkings, mixing vain and scurrilous talk with them. This abuse we remove by the present statute and forbid it to be done henceforth, ordering that those who shall be 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 offense.

And because the aforesaid abuse is said to be fostered by a certain other abuse, altogether more detestable, namely that in certain monasteries they usurp special revenues and arrange for them to be dispensed not through the cellarer but through whomever they themselves wish: we likewise will that this abuse be abolished entirely, and that all things be brought into common use and the necessary things be supplied to all by the cellarer according to the Rule.

Concerning the visitation of monasteries of nuns.

The monasteries of nuns of our holy order are to be visited by the visitors of the provincial chapter. They also, among other things, taking counsel for the security of those same monasteries, shall strive to exclude from them secular girls who, not for the sake of conversion but at the request of their parents

to the burdening of the monasteries and the loss of discipline they foster there.

With What Caution Nuns Are to Be Visited by Prelates. LXVIII

Since the sight of women is contagious to spiritual men, let him to whom the care of souls is committed take care never to conduct a visitation of nuns out of a desire to see them, but only for the sake of necessity; and when that has been completed, let him depart all the more quickly. Nor should he presume to enter the enclosures of the monastery unless great necessity or advantage demands it.

On Appointing a Confessor for Nuns

Let a confessor for nuns not be appointed without the consent of at least one president. But if anyone presumes to attempt otherwise, whether prelate or subject, let him be punished most severely by the visitors. Moreover, entry into the enclosures of nuns shall be wholly forbidden to the confessor.

[That Monks Are to Be Received Without Regard to Persons or Nobility]

Furthermore, it is reported that in our province there are certain monasteries of both sexes in which only knights and nobles have customarily been received to profession. From this proceeds every dissolution and abandonment of regular observance, and the total ruin of those same monasteries in spiritual and temporal matters. Let the visitors examine the reason for this custom; and if privileges are alleged, let them examine them diligently, so that, once the truth has been discovered, an abusive practice of this kind, being elated, may be abolished; and thereafter persons, otherwise suitable, may be professed there according to the Rule without regard to nobility.

Let No One from a Reformed Monastery Be Received Elsewhere Without Letters from His Abbot

We forbid anyone from among the monks, converts, or donors who has gone out from a reformed monastery to be received in another.

Let No Guest Monk Be Permitted to Govern a Parish Cure. Let a Guest Monk Not Govern. Incorrigibles Are to Be Brought Before the Presidents to Be Corrected.

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

On the Proclamation of the Fathers in Chapter

Because the fathers of the Order ought, among other things, rightly to come together for this purpose and be gathered in the Lord, namely to celebrate provincial chapters and to clear themselves before the presidents concerning their various negligences and faults, the lord presidents decree and establish that henceforth, in celebrating chapters of this kind, each of the fathers must proclaim himself concerning his faults, excesses, and negligences, with a faithful and humble mind, ready to accept punishment according to the judgment of the presidents.

On Supplying the Negligence of the 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 else will appoint some other one of the prelates to supply it.

That the Presidents and Visitors [unclear] the Day for Celebrating the Chapter at Least Four Days [unclear]

We wish the visitors, together with the president, to hasten to arrive at least four days before the day for beginning the chapter, to report to the presidents the things discovered, done, and completed by them in their visitations, so that those presidents, once the fathers have gathered, may be ready 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, Celebrated at Nuremberg in the Third Year, A.D. 1459

In the year of the Lord 1459, on the Sunday Misericordia Domini, the seventeenth provincial chapter was celebrated in the monastery of Saint Giles at Nuremberg. In it presided the venerable fathers, the lord abbots George of Saint Giles in that same place, Berthold of Saint Giles in Brunswick, Eberhard of Saint James at Mainz, and Henry of Blessed Mary in Ettenmunster.

Here He Repeats the Ancient Statutes

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

[unclear] was that the presidents and visitors should arrive in advance on the Wednesday, the appointed day for beginning the chapter, together with the other things that are contained above. And there all who had privileges for receiving nobles alone renounced their rights. Then, by the common consent of all, those same privileges were completely abolished.

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

If one of the presidents should happen to be absent. If at such an advance meeting any one of the presidents is absent for any reason, the rest shall discuss and arrange all things that are necessary, with power to call in one of the fathers present if need be, until the one arrives who ought to have attended this advance meeting.

Concerning the death of a president. Concerning the death of any president, or of another failing in any way, the bull of Pope Martin V, which is placed 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 up to, but not including, the day for beginning the chapter, and on that day the authority of the new presidents begins.

That schoolboys not take part by singing in the choirs of monks. Since the association of schoolboys and secular clerics in the divine offices is recognized as a corruption of maturity in the minds of religious, the lord presidents decreed that those same schoolboys and clerics are to be sent away to their parishes. But if anywhere they could not be sent away without notable scandal, the visitors of those monasteries, after hearing the reasons, shall determine how far and in what manner they ought to be tolerated.

The eighteenth provincial chapter, celebrated at Wuerzburg 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 Wuerzburg. In it there presided the venerable fathers, the lord abbots Berthold of St. Stephen in the same place, John of St. Michael's in Hildesheim, Melchior of St. Ulrich's in Augsburg, and Eberhard of Monks' Mount. In it it was ordained that serious resistance be made to those who wish to transfer themselves from the order to the secular state or to that of secular canons, and that procurators be appointed against them in the Roman curia.

In difficult and important cases the votes of the fathers are to be sought. We wish above all and ordain that in the great and difficult cases of the chapter and of the order, henceforth during the time of the chapter itself, the votes of the individual fathers present be canvassed in order; and each of them, according to God and his conscience, when asked, shall say with humility and reverence what he has judged better.

Concerning the multiplication of constitutions. Noting that, although in earlier chapters many useful things were decreed, from which as yet, alas, little fruit is found to have followed because of the negligence of very many, since it is superfluous to enact laws, however celebrated, if they are not duly committed to execution, and lest the multitude of statutes increase the material for transgression, we do not now wish to establish new ones, but command the observance of the old constitutions to be kept by each more diligently than hitherto.

The nineteenth provincial chapter, celebrated at Monks' Mount 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 Monks' Mount at Bamberg. In it there presided the venerable fathers, the lord abbots John of Bursfelde, Melchior of Augsburg, Heinrich of St. Michael's in Hildesheim, and John in Werdea.

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

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

Concerning the feast of the commemoration of Saint Benedict.

We further will that, in accordance with the apostolic prohibitions, the feast of the translation of our most holy father Benedict shall henceforth not be observed; but in place of the translation, the feast of his commemoration shall be kept in the hours and divine offices with all the customary ceremonies.

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

That all visitors who have not fulfilled the office of visitation enjoined upon them shall, for each monastery not visited, be bound to pay three Rhenish florins to the chapter as a penalty, unless a legitimate cause has intervened.

Concerning the form of the procuratory.

And because negligence often occurs in the procuratories of absent fathers, when they are not sent in proper form, ignorance, as we believe, being the cause of this: therefore, to obviate those errors, we unanimously receive and approve this form of a sufficient procuratory inserted here.

Form of the procuratory.

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

Venerable fathers and lords, because according to the laudable statutes of the fathers a provincial chapter is 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 N., professed of our monastery of N., as my undoubted procurator, in the better form, with full mandate to appear in my stead in the aforesaid chapter, to treat, vote, conclude, and do all and singular other things which I myself could and ought to do if I were present in person; 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 be imposed by a chapter of this kind, he is to accept it in my person, which also I shall lawfully pay when I have been required. Promising, under the witness of these present letters, that I shall hold ratified and acceptable whatever shall have been established and ordained in the same chapter, and that, so far as I can, I shall observe it, both myself and those subject to me. In faith and witness of all these things, my abbatial seal is impressed below upon the presents. Given in my aforesaid monastery, in the year etc.

The twentieth provincial chapter, celebrated at Erfurt for the fourth time, 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 celebrated at Saint Peter’s in Erfurt for the fourth time, with the customary protestations, that the fathers do not intend to admit excommunicates, and that neither they themselves nor the procurators should depart before the end of the chapter, under penalty of excommunication, namely of a sentence to be issued. In it there presided the venerable fathers, the lord abbots Gunther, abbot there; Melchior of Saints Afra and Ulrich in Augsburg; Sebald of Saint Giles in Nuremberg; Paul of Saint Mary in Elchingen. In it it was ordained that the individual acts of the individual preceding chapters should be brought together into one summary compendium, as has here been attempted in the present compilation.

Concerning the old statutes which were here again renewed.

In the present chapter many statutes of the old chapters were renewed and inserted again in the recess as though anew. Among them are these. First, the form of the procuratory is inserted and confirmed word for word. Likewise, that the presidents of each chapter, together with the visitors, should come on the Wednesday before the appointed day for celebrating the chapter, as above, c. 17. And concerning the supplying of negligence [unclear].

[unclear] not arriving beforehand on that Wednesday itself, as in the same place. Also, that no one be made procurator for more than three, as above, chapter 15. And that negligent visitators shall pay three florins for each monastery not visited, as above, chapter 19. And likewise that provostships and priories be visited by the same visitators, with their own abbot present if he wishes, saving half the procuration, as chapter 16. The same concerning reformed nuns, and [unclear].

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

That the procurators of absent persons may be able to be present at chapter discussions.

It pleased the lord presidents and the chapter that monks who are procurators of absent fathers and have sufficient procuratorial authority may be present at chapter discussions, just as they have hitherto been present.

Also concerning the procurators of absent persons.

The procurator of absent persons must be fully informed about the visitations of those who send him, if there have been any visitators, and must make a report about all these things to the lord presidents; he must take upon himself, in the place of those who send him, penalties and humiliations, and within the space of two months must send the recess of the chapter to those by whom he was sent. But if he has not done this and is found negligent in the aforesaid matters, if he is an abbot let him be punished by a penalty of two florins for each monastery; if he is a simple monk, by suspension from divine offices.

On the propriety and quality of clothing.

We also ordain and decree that abbots and religious, whoever they may be or to whatever offices they may have been deputed, both inside and outside the monastery shall wear their habit decently, or a pluvial garment over their scapulars, with cowls sewn on and birettas covered, and shall go about with a fitting household also, all affectation being set aside.

If an abbot, in excuse of himself, [sends] letters of princes to the chapter.

No abbot or prelate shall 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. [unclear]

What sort of person ought to be elected as abbot, provost, or prior.

The lord presidents, together with the fathers, decreed that no one henceforth be elected or postulated as abbot, provost, or prior unless he has stood, without pretense, for at least the space of a year in observance and regular life, and has held and observed it. But if otherwise has been done, there shall be done concerning such a person what the lord cardinal legate ordered in such matters to be done by his letters.

Whether a general letter of license should be granted to monks by their prelates.

We most strictly forbid any prelate of our province or chapter henceforth to grant to his brothers, to be sent to whatever monastery, a general letter of license; nor shall he permit those already so granted to be used, but rather let him prudently revoke as soon as possible what he imprudently 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 future without the knowledge of the presidents, especially those which tend to the detriment 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, in the year of the Lord 1473.

In the year of the Lord 1473, in the sixth indiction, on the Sunday Misericordia Domini, the twenty-first provincial chapter was held at Nuremberg, at Saint Giles, for the fourth time. At it presided the venerable fathers, the lord abbots Theodericus of Bursfelde, Guntherus of Saint Peter in Erfurt, Johannes of Saint Giles in Nuremberg, and Johannes of Holy Cross in Werdea. These statutes of the elders were repeated here.

First, the lord presidents and fathers enjoined all the statutes of the preceding chapters, as though they were inserted here word for word, inviolably upon all those subject to the chapter...

[unclear] to be observed. There were also some of the same statutes inserted anew in this recess, which are contained above word for word, namely: that the presiding visitors and the preacher are to arrive on Wednesday before the appointed day of the chapter. Likewise, that if one of the presidents is absent at this preliminary meeting, the others, having joined to themselves one of the priors if they wish, shall do everything with full power until he comes. Also the decree concerning apostolic indults not to be sought or used, as above in the preceding chapter. Similarly, that no one is to be procurator for more than three; and that the procurators of those visited are to be fully informed about each matter, under the penalty as above, and that they transmit the recess to them within two months. And this: that abbots and monks are to wear their habit decently in every place. Also that which forbids any abbot, in excuse of himself, to dare to obtain letters of princes for the chapter. Likewise, that prelates are to seek out their fugitives, and henceforth grant no general licence-letter to anyone. And that the visitors are to visit provostships, priories, and convents of nuns, the abbot of those places being able to be present if he wishes, as above. Also, that those visited are to pay their visitors three Rhenish florins for travel expenses. And concerning the penalty of three florins for each monastery not visited, imposed on negligent visitors. Likewise also this: that visitors are to denounce the rebellious and disobedient to the nearer president, to be punished. These and similar things, which are contained above word for word, were here again repeated, with the following, however, newly added, as it seemed.

A novice is not to be admitted to profession before the completion of the year of probation. To meet future dangers, relying as far as we can on regular and legal provision, we strictly forbid any prelate henceforth to receive a novice to profession before the completion of the year of his probation.

Concerning the habit of lay brothers. For pleasing uniformity in all respects, the lay brothers shall wear cowls open in the front, after the manner of the monks.

The twenty-second provincial chapter was celebrated at Monchsberg 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 Monchsberg near Bamberg for the third time. In it there presided the venerable fathers, the lord abbots Martin in Schwarzach, Hermann of St. James in Mainz, Heinrich in Blaubeuren, and Johannes of St. Egidius in Nuremberg.

The statutes of previous chapters are first approved.

[unclear] in chapters and recesses were statutes directing the mind. We confirm and approve all the constitutions and decrees of the same, and we wish them to be held as expressed and to be observed by all, as if they had been 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 to danger of souls and to the detriment of regular observance, whether already obtained or perhaps to be obtained in the future without the knowledge of the presidents, as is also contained above.

That absentees with a procuratory [unclear].

[unclear] for him whose procurator he is, under penalty of contumacy of the same, without contradiction, shall henceforth pay four Rhenish florins to the chapter.

Concerning other statutes placed here.

The statute also concerning procurators, that they transmit to those by whom they were sent the recess of the chapter 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 chapter 20 contains word for word, was here again renewed.

The twenty-fourth provincial chapter was 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 St. Giles in Nuremberg for the fifth time. In it there presided the venerable fathers, the lord abbots Martin in Schwarzach, Leonhard of St. Peter in Castell, Bernhard in Hirsau, and Hermann of St. James in Mainz.

Which statutes of the preceding chapters were here repeated again.

In this sacred provincial [chapter?] several statutes were repeated as though anew; yet these are known to have been ordained earlier in other chapters of preceding times, with few exceptions, in almost the same words. Among them are these. First, concerning not using surreptitious apostolic indults, as above, chapter 20 at the end, with this clause, however, added which follows: those matters which must be expedited or obtained in the Roman curia for the order or for the monasteries, jointly or separately, are to be expedited by all the prelates and monks of our province and order through the procurator of the order then present in the curia, or with his express consent.

Likewise the statute that the visitors are to be received and treated kindly, and that three Rhenish florins are to be paid to them for travel expenses, with the penalty of triple payment added, and that safe-conduct is to be provided for them, was similarly repeated. And certain other matters also; yet because of the penalties and certain particular points it has pleased us to set them out again. Of these, this is the first.

That no monk be received without letters commendatory from his abbot, under penalty of thirty florins.

We also very strictly forbid, 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 his own abbot; and those already received otherwise they are to dismiss as quickly as possible, under the same penalty, to be paid to the chapter without contradiction as often as they do the contrary.

That no general licence be granted to anyone, under penalty of fifty florins.

We also forbid all the same prelates henceforth to grant to their monks and professed members a general letter of licence without the consent of those presiding over 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 forbid all those subject by law or custom to our chapter to arrange in any way, either by themselves or through others, with diocesan bishops or princes or nobles, that the visitors should be prevented from freely fulfilling 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, in place of the lord pope, the monasteries assigned to them, as in the Extravagants, De statu monachorum, chapter In singulis, section Ordinentur. Nor is anyone to impose conditions on the visitors with which they will admit them, or without which they will refuse to admit them, under penalty of thirty florins.

Concerning the records of visitations.

Under the same penalty we command all the aforesaid abbots, provosts, priors, deans, monks, and communities diligently to keep, read, preserve, and put into practice the records, ordinances, and statutes made or to be made for them by the visitors.

That an abbot not allow private property to a monk.

Since private property is always destructive to monks and the overthrow of all religion, we most strictly forbid all prelates to allow any of their monks private property; for what the supreme pontiff declares that he does not dare to do is judged very rash for an inferior to presume in any way, as we have clearly in the Extravagants, De statu monachorum, Cum ad monasterium, at the end.

The twenty-third provincial chapter was held at Blaubeuren in the year of the Lord 1482.

In the year of our Lord 1482, in the fifteenth indiction, on the Sunday Iubilate, the twenty-fourth provincial chapter was held in the monastery of St. John the Baptist in Blaubeuren, in the diocese of Constance. In it there presided the venerable fathers, the lord abbots Georg of St. Stephen in Würzburg

LXXIII

Item, Johannes in Wiblingen, Ulrich of [unclear], and Johannes of Saint Giles in Nuremberg.

That the recesses of the provincial chapters from the time of the Council of Constance be kept in all monasteries and publicly read in the convents.

Lest the statutes and ordinances of the provincial chapters held up to now become unknown to those who are bound to know them, we will and strictly command, under penalty of 20 florins, that all and each of the fathers cause to be written and have all the recesses of chapters of this kind from the time of the Council of Constance up to the present in one volume, which they are to bring with them at the time of holding a chapter; and that in their convents they see to it that the same recesses are publicly read every quarter. But this statute concerning the reading of each of the recesses would seem too harsh, as it appears to me. Concerning an abbreviation, therefore, I think it must be understood as will appear below.

Concerning fugitives.

And lest an occasion for wandering here and there should arise for monks if they were everywhere received with hospitality, we command all our abbots, under penalty of 30 Rhenish florins, that wherever they find a wandering monk of our province, immediately, if opportunity is present, they send him, at the expense of that same monastery, to the monastery from which he had gone out, to his own abbot; and that abbot is bound to receive him so sent, after paying the expenses to the sender, without contradiction.

And under the same penalty we forbid all our prelates to admit in any way, or lodge, any monks or conversi coming aside to their monasteries who have not first shown commendatory or credential letters, as they are commonly called, unless perhaps with the intention that, having detained them, they send them to their abbots.

Furthermore, because no small force of regular observance consists in visitations, Concerning visitations. To the abbots. therefore we forbid all those subject to us to presume in any way to impede the visitors in their offices; but let them receive and treat them honorably and reverently, and provide for safe-conduct and traveling expenses of three florins according to the statutes of the preceding chapters, under penalty of 20 florins.

Concerning the form of visitation.

But so that the visitors may be able to observe due order in their visitations, we will and strictly command, under penalty of 10 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 in the recess; but since I have placed it separately with the others on folio 42, I judged it superfluous to repeat the same again in one present volume.

The twenty-fifth provincial chapter, held at Augsburg for the second time, in the year of the Lord 1485.

In the year of the Lord 1485, in the third indiction, on the Sunday Jubilate, the twenty-fifth provincial chapter was held at Saints Afra and Ulrich in Augsburg for the second time. In it there presided the venerable fathers, the lord abbots Johannes of Saint Giles in Nuremberg, Johannes of Saint Martin in Sponheim, Heinrich of Saints Peter and Paul in Weissenburg, and Paulus of Blessed Mary in Elchingen. There the following statutes were made.

That criminals and the incorrigible are not to 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 manifest danger for many from this if it were put into practice, have judged that the statutes should be varied according to the change of times. Therefore we strictly forbid all our abbots and prelates to presume to expel or exclude from the monastery their monks, conversi, or donati, guilty of whatever crime, since such expulsion of the incorrigible offers them the opportunity to wander and to commit graver offenses. Let them thrust such persons, offending so enormously, into prisons, to be punished for a longer time according to the character of the crime committed.

And two offices are to be performed in the convents after chapters have been held.

We further decree and ordain that in every monastery of our province, immediately after the chapter has been celebrated, each prelate shall cause two offices to be celebrated conventually on suitable days: one for the living and the other for the dead, with the appropriate vigils, for the brothers and benefactors of the provincial chapter and of the order.

Concerning the sentence of excommunication.

We also will and decree that those excommunicated, and those henceforth to be excommunicated in provincial chapters for whatever cause, even for a contribution imposed by the presidents and not paid, shall be proclaimed in their dioceses and monasteries; and that executors shall be appointed for this by the chapter, so that they may not in any way be able to excuse themselves from such sentences and censures, or plead ignorance, until they learn to obey the commands of the presidents.

Visitors of a monastery shall make charters for the monasteries visited by them, and shall send these also to the presidents at the time of celebrating the chapter.

We further command the visitors that they leave the charters of their visitations in the monasteries visited by them, according to the ancient statutes and ordinances; and that they, or their proctors, send copies of these to the chapter itself at the proper time. In these they shall clearly inform the lord presidents concerning the state of those monasteries, in temporal and spiritual matters and in persons, so that the presidents themselves, once the defects are known, may be able to come as quickly as possible to the aid of such monasteries. But if the state and necessity of the monasteries shall demand it from the visitor, then, immediately after the visitation has been made, the visitors shall send copies of the charters to the presidents with the necessary notification.

Concerning the expenses of monasteries attempting to sever themselves from the order.

Further, we will and ordain that the expenses which the chapter has happened to incur for monasteries attempting to sever themselves from the order, or even for recovering those already transferred, shall be paid to the chapter by such restored monasteries, according to their own resources, which are to be taken into account.

Concerning the debts of dead men.

We will and ordain that in each future chapter the names of deceased brothers shall be sent by the abbots, or by their proctors, in slips to the chapter itself to be celebrated at the proper time, so that they may be commended to the prayers of the fathers.

The twenty-sixth provincial chapter was celebrated at Saint James in Mainz, in the year of the Lord 1487.

In the year of the Lord 1487, in the sixth indiction, on the Sunday Jubilate, the twenty-sixth provincial chapter was celebrated in the monastery of Saint James near Mainz. In it there presided the venerable fathers and lords abbots: Heinrich in Wissembourg, Conrad in Wiblingen, Berthamus of Saint Gotthard in Hildesheim, and Johannes in Seligenstadt.

Concerning definitors to be chosen by the presidents.

It pleased all of us, gathered in chapter, that henceforth, in each chapter to be celebrated, definitors shall be chosen from the fathers by the presidents.

Concerning the age required in the person to be received for profession of the order.

We further forbid all abbots and prelates of our chapter henceforth to receive anyone to profession of the order unless he is established at the proper age: namely, a male at fourteen complete years, and a female at twelve complete years.

Concerning the age of brothers to be ordained.

We also forbid all the same prelates henceforth to promote their subjects to major orders while they are minors, contrary to the disposition of common law and the ordinance of the supreme pontiffs.

Concerning 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 in 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 there presided the venerable fathers and lords abbots: Georgius of Saint Stephen in Würzburg, Johannes of Saint Giles in Nuremberg, [unclear].

Bergen. Henry in Blaubeuren and Blasius in Hirsau.

Concerning those who do not admit the visitors

It has come to our ears by a certain and serious report that some abbots and monks not only refused to admit their visitors, but, what is more serious, even drove them shamefully from their places with reproach and indignation, to the manifest contempt of the chapter of the order and of the canons. Therefore we exhort all and each of the prelates and professed members established anywhere throughout our province in the order, that henceforth they not presume to attempt such things, under the penalty more fully expressed in the preceding statutes; and we wish that penalty to be extended without remission against rebels of this kind by the visitors themselves or by those presiding. But 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 documents of visitations

It pleased the fathers that, unless contempt has intervened, in the documents of visitations henceforth words of command or threat under censures should not be inserted, but rather exhortatory or entreating words, by which the minds of subjects may be drawn to virtues from love; unless, as we have said, contempt has intervened, or where the matter concerns transgression of the three substantial vows, or otherwise an evident necessity somewhere 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 presided the venerable fathers and lords Johannes in Sponheim, Conrad in Wiblingen, Bartholomew of Holy Cross in Werdea, and Andreas of the Mountain of the Monks near Bamberg, abbots of monasteries of the dioceses of Mainz, Constance, Augsburg, and Bamberg. In this same chapter the statutes of the earlier chapters were confirmed anew, 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, on the status of monks, must and is bound to make confession to his abbot at least once a month concerning matters that occur, 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 decreed that, after this statute of the provincial chapters has been printed and presented to the individual monasteries, it must thereafter be read publicly at least once every three years.

The first bull of the Council of Constance for holding a provincial chapter, in which are narrated the evils that arise from the omission of chapters of this kind, and the benefits proceeding from the diligent continuation of the same. In the year of the Lord 1416.

The executorial proceedings of the same bull, in the year as above.

Another bull of the same council concerning the manner and form of choosing presidents. In the year 1417.

Another executorial bull of the said council against rebels and those disobedient to the statutes and ordinances of the fathers of the order. In the year as above.

Another executorial bull of the named council. In the year as above.

Another executorial bull of the aforesaid council. In the year as above.

The Council of Constance gave 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 at the time of the chapter others may be deputed and taken in the place of absent presidents; and that the presidents, for reasons, may change the place of the chapter, with [unclear] faculty of absolving from all censures and penalties as regards 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 respect to irregularity, infamy, and other penalties and censures; and it does not extend except 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.

Statute of the lord Henry, cardinal priest of the title of Saint Eusebius of the Holy Roman Church, Englishman, legate of the Apostolic See throughout all Germany and the kingdoms of Hungary and Bohemia, that the aforesaid presidents should compel rebels and contemners of the statutes of the chapter, and hear whatsoever cases have been 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 Pope Martin V.

Statute of the lord Louis, cardinal priest of the title of Saint Cecilia of the Roman Church, of Arles, legate de latere appointed for the regions of Germany by the holy general synod of Basel, lawfully assembled in the Holy Spirit and representing the universal Church: that at the time of the chapter divine services may be celebrated even in an interdicted place; and that the aforesaid presidents and visitors may absolve persons subject to the chapter from all censures and penalties, confirm elections, impart the office of blessing, and crown nuns. And this statute has effect when those to whom confirmation pertains, having been solemnly requested a third time before a public notary and witnesses, with no reasonable cause preventing it, have refused, maliciously declined, or neglected to confirm the same election gratis according to the decrees of the aforesaid synod. Likewise, if those to whom this will belong by law, similarly requested, have refused, declined, or neglected to bless abbots or abbesses and to impart to them the office of blessing, and also to crown nuns or even bless them according to the customary manner, gratis and according to the decrees 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, of the 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.

A bull of Pope Pius which confirms all the statutes of the said lord cardinal. Done in the year of the Lord 1459, in the first year of his pontificate.

The 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.

The safe-conduct of Sigismund, king of the Romans, given to the visitors under penalties. Done at Constance in the year of the Lord 1418.

The confirmation, approval, and admission of the reform and visitation by Albert, king of the Romans. Done in the year 1439.

The safe-conduct granted by the same man to the visitors. Done in the year stated above.

A brief and summary recapitulation, or epilogue, of all the foregoing. In what order and manner individuals must come together for the provincial chapter.

First rubric.

When some 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, must arrive four days before the chapter itself, so that, namely, they may be present there on Wednesday and may more conveniently inform themselves, both concerning things done and concerning things to be done in their offices, and finally may be able to dispatch matters more quickly. This must be understood concerning the presidents of either chapter, namely [unclear], as appears above, chapter 20. As for the one making the sermon, this has been ordained: namely, that his sermon first be examined, so that, if there were need, it might be corrected and amended. The rest, whether abbots or proctors, must present themselves there, so that when the chapter is to be begun no one may be found to be absent. Nor is the excuse of anyone to be admitted, except either of one who is ill, or has mortal enmities, or certainly is so poor that he cannot at all conveniently present himself to the chapter without danger. Hence no proctor for any absent person without such true and manifest impediments should ever be admitted.

Likewise, no one ought to procure letters from princes or nobles concerning his absence, under penalty of three florins. If, however, any of the officials is absent, the rest will nevertheless be able to carry on the proceedings according to the ordinance of chapter 20. But in the case that none of the presidents is present, the others assembled for the celebration may, on that occasion, depute other suitable presidents by the indult of Pope Martin V, whose bull is found among the acts of the first chapter. By the same indult those presidents may also change the place of the chapter, with prorogation of the term, for causes. Likewise, no one there, whether he is an official or not, ought to depart from there before the end of the chapter without the permission of the presidents, under penalty, as above, chapters 3 and 4, and of excommunication to be imposed, as above, chapter 20. Also, no one coming together for the chapter ought to have more than six mounts; and if anyone does the contrary, he must put back into the chest, for the common use of the chapter, within a month, as much as he is proved to have spent on the rest, as above, chapter 2. And if he has not observed even this, at the next future chapter he must be fined double by the presidents, without any remission. Likewise, each must contribute there three Rhenish florins, which they must pay either then or within the three days during which the visitors happen to be with them, without further delay, under penalty of excommunication; the visitors are most strictly ordered to impose this on them immediately once the term has elapsed, according to [unclear], as above, chapter 1.

How the chapter is to be celebrated and how the [fathers?] ought to conduct themselves in it. Second rubric.

If, therefore, the time is at hand for the chapter to be celebrated, which has been established always to be celebrated every three years unless, for a certain and reasonable cause, it is prorogued longer by the presidents, first, after the mass and sermon have been held, 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 a passage from the text of the Rule recited by the reader, a declaration must be made concerning the non-admission of excommunicated persons, as above, chapter 20. Secondly, the place for

[unclear] chapter is to be named and announced by the presidents; this place should not and cannot be changed except for a grave and reasonable cause, and this only by the presidents, as above, chapter 1. Then, according to the ordinance of the seventeenth chapter and of certain others, the presidents and the other officials of the future chapter are to be appointed, and also the visitors of the monasteries; likewise the one who is to deliver the sermon, and the other 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 indeed be deposed, then the abbot of the same place would carry out the office enjoined on him; for although the person is changed, nevertheless the dignity, which does not die, always continues. Finally, action must be taken concerning those things which are to be corrected in the order, and which perhaps will have to be newly ordained and instituted for the advantage of the whole order; here the beginning must first be made with those who are present, each of whom must declare his fault in the matter and voluntarily offer himself for fitting amendment; their visitors are to accuse and proclaim them. Those, however, who at that time are proctors of the absent must undergo disciplines and other fitting penances not only for themselves but also for those who appointed them, such as the presidents themselves, according to the report of the visitors or any other certain and evident knowledge, have justly and reasonably decreed should be inflicted. Secondly, the absent are to be dealt with. And so, consequently, with the remaining business pressing upon the order. And last, each thing issued and handled is to be reduced into a certain form and inserted in the charter or recess. Nor should anyone from among secular men be present at these discussions or be admitted there, except only a public notary and honorable witnesses. But neither should these be admitted indiscriminately, but only then when the act itself is now to be reduced into public form. In that form the names of all the abbots present and of the proctors of the absent must also be written. All who are present must receive a copy of it; but their proctors must transmit it to the absent within two months, under the penalty expressed above, chapter 20.

Likewise, in the chapter itself, where great and difficult matters are discussed, the votes of each individual must be examined, and each must state his vote according to God and conscience, with humility and purity of intention, and assign the reason moving him. Moreover, how the fathers should conduct themselves there in their manner of life has been so ordained that all, both abbots and proctors of abbots, must strive after conformity of manners, especially in habit and tonsure; nor henceforth should anyone use a bare biretta, but should place the hood of the cowl over the biretta, as above, chapter 16. Likewise, during the three days for which the chapter continues, all must come together at one table, so that they may sit together and be refreshed together; there only two courses of fish, one of eggs or fried dishes, and two good pottages are to be served, with cheese or some fruits added, as above, chapter 7. The treasurers, however, must pay the expenses, which they in turn must collect from the contribution of each abbot, as above, chapter 9. Likewise, briefs must also be offered there by the abbots and the proctors of abbots, in which the names of those who have died since the next preceding chapter are contained, so that they may be absolved in the chapter, namely by way of prayer, and prayers may be made for them. The form of these briefs is as follows: Brother N., priest or Levite, died on such a day in that place, etc., as above, chapter 4. Concerning the presidents. Third rubric.

The presidents who are to preside in the future chapter must, according to the ordinance of the sixteenth chapter, which is drawn from the constitutions of Benedict XII, be chosen by the presidents of the preceding chapter; and, according to the ordinance of the thirteenth chapter, only from among the reformed. Furthermore, in that same future chapter over which they will preside, they are to choose, just as their predecessors did, all the officials of the chapter, the vice-presidents, visitors, etc., and to do the other things which are contained in the constitutions of the aforementioned Benedict XII. For they have the duty of presiding in the chapter, hearing faults, investigating and discussing them, and penalties and penances according to

to compel [them], under ecclesiastical censures, to carry out the office enjoined upon them; to determine in certain cases an increase of the subsidy or viaticum which is owed to the visitors by the monasteries visited by them, beyond three florins; to make ordinance concerning brothers to be sent for study; and to license brothers who, with pious intention, desire to pass from an unreformed monastery to a reformed one. Against those not appearing in chapter, and against all who hinder or oppose reform and visitations, or do not admit them, or are in any other way contrary; also against those who do not obey the visitors; and against those who injure monasteries in things, persons, etc., they have power to proceed jointly by censures, by apostolic authority. They also have and ought personally to visit, with the visitors, even exempt and royal monasteries. Likewise, from Martin V they have power, for certain reasons, to change the place appointed for holding the chapter, even with prorogation of the term. The same pope aforesaid also grants that if at any time someone elected as 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 should be present, the others assembling for the celebration of the chapter, may elect and appoint other suitable persons as presidents for those same occasions.

Concerning the chest and the guardians of the chest. Fourth rubric.

The common chest is always known to be necessary because of the usefulness of the chapter, so that in it may be received and placed both monetary contributions and penalties for contumacy or any other fault whatsoever of abbots, and also the other things which, either through the visitors or through the treasurers, pertain to the necessity or usefulness of the chapter. But it is also necessary that this be kept in a safe and suitable place under trustworthy guardians, who are called treasurers, having full power to exact penalties from those who are liable to penalties, under like censures, and to absolve if it should perhaps happen that any have been excommunicated on account of the aforesaid matters. Therefore in the fifth chapter the monastery of Saint Giles in Nuremberg was appointed as the place where today the chest is stored; and thence treasurers were designated, having the authority already expressed above. They must also provide for the meal during the three days in the provincial chapter, as above, chapter 9. And they must assemble at the chapter itself according to the ordinance expressed above in the first rubric.

Concerning proctors. Fifth rubric.

There are two kinds of proctors. Some are general, who belong to the whole chapter; and it falls to them to urge the visitors to carry out the office enjoined upon them vigorously and faithfully; indeed, also to compel them by censures, if there is need, and to report their negligence to the presidents, as above, chapter 13 and in certain following chapters. Others are special, who are substituted for certain abbots who cannot come to the chapter. Concerning these, and concerning the abbots substituting them, enough has been said above in chapter 20 and in very many other foregoing chapters, namely 4, 6, 11, 13, 17, and 18: how they are not to receive the causes of more than three abbots, excepting the causes expressed there; and that they are not to be admitted without a bodily oath effectively taken, and so concerning many other things which can be seen there. The form of the proxy, too, for the sake of the uninstructed, has been inserted in the recess of the nineteenth chapter. And it is as follows. 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. of the diocese N. on the coming Sunday Jubilate, N., humble abbot of the monastery N. of the Order of Saint Benedict of the province of Mainz: whatever reverence and honor he can. Reverend fathers and lords, because according to the praiseworthy statutes of the fathers the provincial chapter comes to be celebrated, to which I both ought and am bound to come in person; but because, by such a cause, I am so impeded that I cannot conveniently appear in person, hence it is that I constitute the reverend lord abbot N. as my legate and true proctor in the better form, with full mandate in my stead in the said provincial chapter

...of obeying, promising, concluding, and doing all things which 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 it should happen that a monetary levy is imposed by the chapter, accepting it in my person, which I promise to pay lawfully if I am required; promising, under the testimony of the present letters, that whatever things shall have been duly and lawfully ordained in the same chapter I will hold as valid and pleasing, and, as far as I can, will observe them both for myself and for those committed to me. In testimony of all which my abbatial seal has been impressed on the present document. Given in the year of the Lord, etc.

Concerning visitors. Rubric 6.

Visitors of monasteries, and visitors of the visitors, must be chosen by the presidents in the provincial chapter, as in chapter 16; and only from among the reformed, as in chapter 13. They are obliged to know each single thing that has been transacted and ordained in each chapter, from the first to the last, so that they themselves, first observing most strictly in their own persons the law which they wish and are bound to impose on others, may at length more effectively require it of others and bind them to the same; and also may be able and have power to punish transgressors, as they ought, with due vengeance, under the strictest accounting to be rendered in the dreadful future judgment.

These visitors, after they have come from the chapter, 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 penalty of excommunication with sentence to be pronounced, as in chapter 8, unless they are excused by reason of hostility, illness, or some other lawful cause, as in chapter 13; and they must faithfully complete them under the virtue of holy obedience, having God before their eyes, to whom they are to render a strict account. Thus, before they leave the monasteries, they are to reform effectively in them, so far as lies in them, according to the Rule of Saint Benedict, the canonical sanctions, and the statutes of the provincial chapter and of the order, and especially in the three substantial matters, which are obedience, continence, and poverty. And where they do not find disciplines and ceremonies [unclear]

valid, they must institute those disciplines and ceremonies which they have received as given to them by the chapter, as in chapter 6; and thereafter they must make a report of the whole matter as quickly as possible to the nearest president.

Likewise, in whatever diocese they have been deputed to visit monasteries of men, they must also visit in it the monasteries of nuns, just as do the others to whom the care of them has been committed. Nevertheless, let them see to it that they never visit them from a lust of seeing them, since the sight of them is contagious; but when they have finished, they must depart from there as quickly as possible, as in chapter 16. Similarly, they must visit provostships, priories, and deaneries which are subject to certain monasteries, while nevertheless admitting the abbots to whom they are subject, if they wish to be present. And those visited in such places shall pay half the levy.

They must complete the very act of visitation according to the form prescribed to them by the provincial chapter and the presidents, without demanding an oath, after first setting forth the word of God, as in chapter 6. Nor must they bind anyone by oath, or otherwise indiscreetly, to disclose and make public hidden crimes, unless the order of fraternal correction has been observed. They may also visit again a monastery previously [unclear] by them, and require purgation. Likewise they can and must impose penalties according to the requirement of the faults, and exact those previously imposed either by the provincial chapter or otherwise by anyone, both corporal and monetary. The money, however, which they receive, whether contributory or penal, they must transmit to the keepers of the chest, so that it may be placed in the chest by them.

Likewise, for contumacy or rebellion and disobedience, they can pronounce a sentence of excommunication, and absolve from one previously imposed, with fitting satisfaction first having been made. Likewise, rebels and resisters, if they find any whom they cannot correct, they must denounce to the nearest presidency, so that he may proceed against such persons by apostolic authority, through ecclesiastical censure, according to the measure of their faults. For all those are also excommunicated by the fact itself who in any way either impede visitations from being held or abandon a reform already begun, unless within the time by a visita-

... they shall strive to begin again what is to be established by the [unclear]. Likewise, they must present the proceedings to each 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 must be compelled by the presidents and procurators of the chapter, through ecclesiastical censure or some other penalty, not to neglect the office enjoined upon them. But lest they be compelled to do labor without reward and, according to the apostolic tradition, to serve as soldiers at their own expense, it has been ordained that each monastery visited by them must give them three Rhenish florins for travel expenses; and it has been entrusted to their consciences, from good consideration, even to increase those same florins for them. Likewise, that the visited monasteries should guard their horses and other goods with the greatest diligence. And if, which God forbid, anything of their goods should happen to be lost or stolen, before all else the abbot and convent of such a monastery must pay without delay, and without contradiction, the value of the goods or things lost; 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 [unclear] if they have been despoiled or harmed [unclear] he must also provide [unclear] six mounts, neither in the act of visitation nor in coming to the chapter.

On the act of visitation. Rubric seven.

In the act of visitation the eye of consideration of the fathers who are visiting must be directed to four principal things. First, namely, to the places of the monasteries, as to the more visible things. Second, to the persons living within the places 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 is probably to be thought concerning the second; and again the second, what concerning the third; and so on in consequence.

On the places of monasteries. Rubric eight.

The Apostle says: “For what is spiritual is not first, but what is animal.” First, therefore, as has been said, one must consider exterior matters, that is, places as corporeal things. Places, however, fall under a threefold distinction. Some are necessary, such as the oratory, cloister, refectory, dormitory, infirmary, bath, pantry, cellar, place for guests together with the abbot’s house, kitchen, and porter’s cell, with the chapter-place. If any of these places is lacking, it must be built within a year, in virtue of holy obedience, or repaired if it has collapsed; and the negligent must actually be punished by the visitors, as above, chapter 3. Some places, however, are for well-being, such as the garden, bakery, mill, workshop for binding books, and [unclear]. Others, however, are superfluous and harmful and contrary to the regular norm: such are the wandering byways, secluded and suspicious dwellings of certain houses, which must either be destroyed from the foundations 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 adorned with lights, altars, and ornaments that are neat, clean, and seemly. The choir must be furnished with seats, pulpits, and chant books. The sacristy must be furnished with chalices, corporals, missal books, sacred jewels, and sacred vestments and ornaments concerning the divine office and ministries, as is said in chapter 1, where these things also are added: “We will,” it says, “that provision be made within a month for a clean, seemly, and secure vessel and place in which and where the Eucharist is to be reserved.” And the same is laid down concerning the baptistery there and in the following statutes. Books, together with the other ornaments, are to be kept under diligent custody. These things concerning jewels and seals, and certain following chapters, wish to be understood and observed. Therefore the visitors must diligently attend to each of these things concerning the oratory.

and besides these things to consider what revenues, offerings, etc., have regard to the oratory and the sacristy; likewise in what way, whether simoniacally or not; likewise under what species of vice he possesses property, and so with the others. And likewise concerning the other officials it is similarly ordained, as concerning the abbot, cellarer, etc.: whether they render an account every year, and how.

For it is commanded in the aforesaid 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 hand over to the visitors in writing, distinctly, the former and present state of his monastery; and that all officials render to them a faithful account of what has been received and distributed. Likewise, that inventories be made; that places not be handed over on lease, except according to the Benedictine constitution, which must also be observed in receiving spoils from benefices and in making loans and sales. And transgressors must be severely punished, even beyond the penalties contained in the aforesaid constitutions. This concerning the oratory. Concerning the remaining places it will appear below, in connection with 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 honorable and without suspicion. Hence all superfluous, dishonorable, and suspicious persons must be removed far from the bounds of monasteries. But those who are already actually professed, or are soon to be professed, must be considered most diligently, both according to the quantity of their number and according to the quality of their condition. For everywhere the number of monks formerly established must, if resources suffice, be preserved complete; or at least there must be no fewer than can conveniently be maintained, as above, chapter 1 and certain following chapters, through whom divine worship can be perfectly and laudably discharged. From these, sufficient and necessary officials are to be appointed according to the disposition of the Rule, namely abbot, prior, deans, cellarer, porter, infirmarian, and so with the rest; and especially some suitable men who may sufficiently instruct the young in the rudimentary sciences, according to the form of the statutes of Benedict XII, as above, chapters 1 and 3. And some from reformed houses are to be brought from 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, both the one and the other: both the freeborn and one converted from servitude; both the poor man who has nothing at all and the rich, powerful man who has great abundance, as above in the same chapter and consequently in many others, such as 16 and 17. Nor ought anything to be exacted from them, nor may any one of them promise anything for his reception, either by himself or through others, nor otherwise promise that he will give anything, except those things which, without agreement, he himself or his parents, of free will, wishes or has wished to offer at the altar or otherwise to the monastery or to God. And those so received, when the year of probation has elapsed, are to make profession and promise stability according to the Rule, as above, chapter 2. Without this probation, moreover, no one ought to be received as an obedientiary, neither one newly coming from the world nor one arriving from another monastery, with letters or without letters, as above, chapters 8, 13, and 15, etc.

Nor henceforth should brothers be received without the permission of their superiors, nor allowed to wander; if any have hitherto been received, even by authority of the apostolic see or otherwise with sufficient permission, they are to be recalled as quickly as possible, namely within two months, and instructed according to the statutes of our order, under penalty of excommunication and suspension, as above, chapters 1 and 2; or they are even to 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 must not be received without letters of commendation from their abbots or from the nearer presiding superior. Nor may they even be given hospitality except for three days, as above, chapters 8 and 12, under a similar penalty. Likewise, if any have laid or should lay violent hands upon a monk or upon an abbot, he also must not be received nor permitted to remain in the province, as above, chapter 12, under the same penalty.

Likewise, still concerning persons, it must be considered whether all are present; whether any are sick or in prison; whether any are fugitives and have not been recalled, or have been sent out with general letters, which ought not to be done henceforth; whether any are in priories—

or provostships? whether any are in a place of study or in another unreformed monastery, even with a special mandate: for no one ought to be sent from a reformed monastery to an unreformed one except for the cause of reform. In all these matters likewise, and in the following as also in the preceding matters, the visitors, according to the mandate of the presidents, in virtue of holy obedience [unclear], ought both to show and to exercise exact diligence.

Concerning the Discipline of Persons within Monasteries

The discipline of monks, both those residing there. Rubric 10.

According to the Rule, and also according to the statutes of the fathers, it must be weighed and considered in many respects. First, however, concerning the outward aspects of a man’s life, namely tonsure and clothing. And by whom garments are supplied to the brothers: whether by a common keeper of clothing, or whether they have them through friends or from some private source. And whether provision is made for each equally, or differently without infirmity or another reasonable cause. Likewise, the garments should be necessary according to the stature prescribed by the fathers only, namely, and religious both in material and in form.

Second, concerning food and fasting. Whether all, except the sick, take refreshment 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 ought not to be allowed that each person, or any from among the individuals, have special youths or servants as ministers, as it is known to be done in certain monasteries. Nor ought anyone to arrange anything for himself by himself, by his labors, through friends, or through any others whatsoever; or to receive anything, even not so arranged but offered freely, without permission, but to hope for all things from the father of the monastery. And if the eating of meat is at times granted to some for a reason, this ought to be done only on fixed days and in the infirmary alone, where no layperson ought to be admitted. But on the road, or outside the monastery, no healthy person ought to eat meat, just as not within the monastery. Likewise, whether alms are given from the surplus. And whether the ministers perform their washings on Saturday at the mandatum. Likewise concerning fasting: whether he duly observes the fast both ecclesiastical and regular; when and how and with whom dispensation is made concerning a later meal; when they use oil, and when eggs or butter; how in Advent, how in Lent.

Third, concerning nocturnal rest and silence. Namely, whether all sleep together in one dormitory, girded and clothed. Whether each one is in a separate bed, or two in one, which ought not to happen. Whether seniors are mixed with juniors. Whether the dormitory is locked, and when. Whether the prior has the keys to all the cells. Whether they sleep in woolen garments. Whether the cells are sufficiently barred, as they ought to be under penalty of a sentence of excommunication already incurred. Whether the beds are frequently inspected because of private property. Whether silence is observed in the dormitory, oratory, cloister, refectory after compline, and before chapter, and at other times and places, in the manner and form just as the Rule has concerning this.

Fourth, concerning subjects: whether they are obedient. Whether there are proprietaries, possessing anything at all from offerings, masses, labors, offices, or any other sources whatsoever. Whether there is a report concerning anyone in the matter of continence.

Fifth, concerning shaving and the bath: when and 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 solicitous and fear God. Likewise also the rest in the community, how, namely, and whether they themselves are provided for. Whether they have suitable comforts at their proper time. And whether the young are instructed by sufficient masters in morals and ceremonies, and likewise in the first elements of knowledge; and by whom, whether by monks or seculars; and whether any are in a place of 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 others and outsiders: whether perhaps they are too familiar with them, or whether on account of them, or even on account of relatives, friends, or parents, it happens that they frequently leave the monastery. Likewise, on the contrary, whether they receive guests who come to them with all humanity into lodging and to table, with the mandatum, the washing of feet, and le-

... of the divine law? Eighth, how they conduct themselves in going out of the monastery: whether, namely, with permission, and whose permission; whether with a companion, and of what kind; with how many horses and servants, and of what sort; whether with a blessing, both when going out and when coming in; whether also in suitable habit and with books of hours, and so concerning the other matters of which [there is mention] above, chapter 1, and below in the following rubric. Ninth, concerning individual persons, a separate consideration and inquiry must be made.

First concerning the abbot: whether before his election he was reformed, or at least had remained for a year in the reform; whether afterward he continued the reform; whether he attended the chapter and paid the contribution; whether he renders an account every year, and 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 to friends the goods of the monastery. How he confers benefices. How he appoints 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 the choir or gives himself to hunting; and so concerning the other matters which are noted above in various places about the abbot, and which will still be touched on below in certain rubrics. And the same is also to be done likewise with the prior, cellarer, custodian, vestiarian, and the remaining officials, with each according to the requirement of his office. Likewise with the porter: whether he is old and mature, going with the others to the refectory, dormitory, etc.; likewise whether they allow women to enter or to live inside; whether the brothers frequently go out; and so concerning the other matters. Concerning all these things there is clearer treatment in the decrees of the first and third chapters, and also still of other chapters, and in the manner of visitation, folio 13, as well as in the bull of lord Nicholas, the legate often mentioned, whose points are given below in the last rubric.

Tenth, concerning the daily chapter: whether it is practiced daily, with exposition of the Rule and correction of faults.

On the propriety of external habit. From chapter 1. Rubric II.

We ordain and decree that all should wear large and broad tonsures, so that their circle does not exceed the space of two transverse fingers; and that they should conduct themselves fittingly in clothing, habits, and footwear, according to the Clementine Ne in agro and the constitution of the aforesaid Pope Benedict, On the form and propriety of garments: namely, that they should wear tunics and garments next beneath the outer habit, of black, brown, or white color, according to the custom usual among them; round, reaching to the ankles, not slit, nor marked by any other deformity, having wide sleeves extended as far as the fist, not buttoned or knotted in any way, yet not so wide that their width above the fist can be stretched out with the thumb raised. Nor should they extend beyond the elbow, as the abuse of certain men has it, more than so far that the arm can easily be turned and drawn inside. Let them be content with almuces of skins in place of cowls. Yet in suitable places where they have been accustomed to wear them, they may, by permission of the abbot, use honorable cowls, slit above the shoulders to the length of at least four transverse fingers. In their garments they should not wear sendal for linings, or miniver, or other costly material, but only skins of lambs or young lambs for the said linings; nor should the linings appear in any way above the neck or at the edges of the garments or sleeves. Furthermore, when it happens that they travel outside the monastery, they should wear a frock, cuculla, or cloak open on either side; and the conversi should use a scapular with a cowl attached to it, inside and outside the monastery. But because some use the aforesaid habits broader and longer, and others less so, therefore the breadth and length

we have decided should be inserted in the present letters, and which we wish to be observed. And first, beginning with the hood of the frock, we ordain that its width shall not reach the bone of the elbow by the thickness of two fingers set crosswise; nor may it be narrower or so short that it does not extend as far as the middle between the elbow and the upper bone near the shoulder-blade. The said hood, moreover, at the back shall extend at least as far as the belt; nor may it extend beyond it by as much as four fingers. The length of the sleeves shall extend one cubit beyond the hand, and their width shall not exceed another cubit and a half. Yet below it shall be so wide that steps may easily be taken within it. And what has been said of the frock we wish to be understood also of the cowl, apart from sleeves, since it has none. Within the monastery, however, in places where there are twelve monks, all shall use the frock. But in other places where there is not so large a congregation, they may use cowls; if they wear them, no one shall use the frock, except only the president of the monastery and the first after him, whom we wish altogether to wear the frock. Yet in works, namely in the divine office under the alb, and when riding under the cloak, they shall wear a scapular, at least half a cubit wide. They shall not use linen and hempen shirts, but shall wear either a woollen undergarment or a woollen garment in place of the aforesaid shirts. And they shall wear high boots or buskins or laced shoes, so that their height takes in a space of four fingers of the leg above the ankle. If they are negligent in any of the foregoing, or within three months after they have come to their monasteries, as stated above, then, in addition to the penalties inflicted 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.

Concerning Divine Worship. Rubric 12.

The office in divine worship, both by day and by night, must be celebrated at the proper hours according to the Rule, devoutly, deliberately, and with pauses, not by running through it or cutting it short. Nothing must be preferred to this work; but as soon as the signal has been heard, leaving everything that is in their hands, all must hasten to it with the greatest speed, yet with gravity, lest buffoonery find occasion, as above, chapters 1 and 3. For this reason also the signal for matins, which must be made at midnight, as above, chapter 1, and for prime likewise and for vespers, must be prolonged for at least a quarter of an hour, where above and in several following chapters. And lest, because of a shortage of persons, some could excuse themselves from carrying out that worship perfectly, it has been ordained above, chapter 3, that everywhere as many monks must be maintained and received as can conveniently be supported from the goods of the monastery; and those negligent in these matters must be punished very severely. 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 the laws and Benedictine sanctions, ought to be established in orders must be promoted to orders within a year, as above, chapter 1, and in the following chapters. This also must be considered by the visitors: whether there are any churches annexed to the monastery; and whether any masses are to be performed inside or outside the monastery; how many there are; how they were founded and accepted; and how they are performed, and by whom. Likewise also concerning anniversaries and other foundations, or votive manual actions, and also meditations, whether they are regularly attended to.

Concerning Monasteries of Nuns. Rubric 13.

The things that have been said concerning monasteries of men must also be observed in monasteries of nuns, as to the articles appropriate to them, as above, chapter 1 and following. Nor should secular girls be permitted there who are not staying there for the sake of conversion, as above, chapter 16. They must be under perpetual enclosure, as above, chapter 1, as is contained in the constitution of Boniface that begins Periculoso, on the state of monks, book 6. These women the visitors and others to whom care of them has been entrusted [unclear] never out of lust for seeing

they must visit, as has been touched on above in the rubric on visitors, and they must not enter their enclosures unless great necessity or utility demands it, as above, chapter 16. Entry of this sort is also wholly forbidden to their confessor, in the same chapter. Nor ought anyone to be appointed their confessor without the consent of at least one president.

On the manner and form of reforming monasteries, according to the tenor of the bull of lord Nicholas of Cusa, cardinal of the Roman Church of the title of St. Peter ad Vincula and legate de latere throughout Germany. Rubric 14.

Rubric 14.

First, that the prelates of the monasteries to be visited be so instructed that, by suitable habit and tonsure, by uprightness of life, by gravity of morals, by the word of doctrine, and by the example of holiness, they may laudably and fruitfully preside over their subjects. Let them correct and amend the excesses of individuals according to the rule and statutes of the order, without any dissimulation. Let them recall all their fugitive brethren and absent monks, with a term to be appointed for them by the visitors for this purpose, except those who preside over annexed parishes. And let no one be permitted to use the damnable practice of private property; rather, let all things be reduced to common use.

Against the incontinent, both prelates and subjects, let a heavier discipline and censures proceed, so that not only may the vices of public incontinence be punished as they deserve, but also every occasion be removed from their midst from which suspicion of incontinence could arise.

Let the three substantial elements of the rule especially be preserved most fully by all, so that no dispensation or contrary custom may ever avail anyone against them.

Let silence be observed in the oratory, refectory, and cloister, etc. Likewise, let the brethren take refreshment 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.

Let all likewise sleep in the dormitory, so far as possibility permits, girded with belts or cords, upon mats, mattresses, or blankets. Let them by no means use linen shirts and sheets.

Concerning the enclosure of monasteries, let due custody be applied, so that entry to the precincts of the monastery may not be open to women, even those not suspect; nor may it be lawful for any religious, except officials, to leave the precincts of his monastery without the special permission of his superior.

Let all healthy persons observe the fasts established both by the rule and by the Church.

Let the divine office, both by day and by night, be performed properly and distinctly, as is fitting, at the appropriate hours. When it has been completed, let them devote themselves to readings or to the works of their hands according to the requirement of time and business, and according to the direction of the aforesaid rule.

Let blankets be supplied to the brethren at the determined time. Likewise, let the beds of the brethren be [unclear] because of particular work.

Let the chapter of faults be observed daily; in it, after the readings of the martyrology and the rule have first been made, let them proceed, if need be, to the exposition of the rule and to the examination and correction of faults.

Let him also provide that the brethren do not neglect to confess, communicate, and celebrate at the appointed times.

Let him diligently provide for the monks concerning food and drink according to the disposition of the rule.

Let suitable places also be assigned in those monasteries, both for sick brethren and for guests arriving for a time; to all of them let care and humanity be shown according as the aforesaid rule requires. Let them lead guests to prayer; let reading be read to them for edification, and let him wash their feet.

Let him take the greatest care that monasteries not be burdened with unbearable loads of debts, and that their goods not be dispersed or alienated, according to the sanctions of Benedict XII and other apostolic sanctions, and according to the oaths sworn by abbots at their confirmation and blessing. Let alienated goods, if there are any, be carefully recovered.

Let abbots, provosts, priors, or rectors diligently preserve the rights of those monasteries. Let them render a lawful account of fruits, revenues, and proceeds, and of the condition of temporal goods.

Let them abstain from superfluous and unbecoming riding-horses, dogs, and hunting birds.

Nor let any religious within the precincts of the monastery

...that they presume in no way to have arms or to contract spiritual kinship. These and other things handed down by the holy fathers and by canonical and regular institutions, as the character of the time and the condition of persons require 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 entrust them to due execution, causing each and all of them to be firmly observed by ecclesiastical censure, by our authority, which by these presents we commit to them.

To the present volume, divided and apportioned into a form for visiting the monasteries, both of nuns and of monks, of the order of Saint Benedict throughout the province of Mainz and the diocese of Bamberg; into a manner of holding their provincial chapter every three years; into an abridgment of the recess of each provincial chapter held from the year of grace 1417 up to the present; into a summary of the privileges granted to the aforesaid order; into an epilogue expressing the foregoing matters in ordered brevity: at the request of the reverend father in Christ, the lord abbot of the monastery at Saint Giles in Nuremberg, a prelate of the said order, whose wish he greatly desires to accommodate, Georg Stuchs of Sulzbach, citizen of Nuremberg, with his art as guide and fortune as companion, gave the work its preconceived and intended end, in the year 1493 of the incarnation of the intelligible divine Word by the Holy Spirit from Mary ever virgin, on the twelfth day before the Kalends of October [20 September]. May [the merits?] of most blessed Benedict aid us in obtaining his clear intellectual and most blessed vision. Amen.

Sealed, that is, namely, Lord James de Castris. C. 4 s.; Lord John de Castro. C. 12 s.; Lord Peter de Castro. C. 8 s.; Lord Peter de Castro. C. 5 s.; Lord James de Castro. C. 3 s.; Lord John de Castro. C. 9 s.; Lord Peter de Castro. C. 7 s.; Lord James de Castro. C. 16 s.; Lord John de Castro. C. 18 s.; Lord Petrinus de Castro. C. 11 s.; Lord John de Castro. C. 10 s.; Lord Pelayo de Castro. C. 12 s.; Lord Martin de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Peter de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Petronius de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Peter de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Petronius de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Peter de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Peter de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; to Lord Petronius de Castro. C. 10 s.; to Lord John de Castro. C. 12 s.; Domingo Petri de Castro. C. 10 s.; Domingo Johannis de Castro. C. 12 s.; Lord Peter de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Petronius de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lord Peter de Castro. C. 10 s.; Lord John de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lady Petronia de Castro. C. 10 s.; Lady Johanna de Castro. C. 12 s.; Lord Petronius de Castris. C. 10 s.; Lord John de Castris. C. 12 s.; Lord Peter de Castris. C. 10 s.; Lord John de Castris. C. 12 s.; Domingo Petri de Castris. C. 10 s.; Domingo Johannis de Castris. C. 12 s.; Lord Petronius de Castris. C. 10 s.; Lord John de Castris. C. 12 s.; [unclear] Peter de Castris. C. 10 s.; [unclear] John de Castris. C. 12 s.; [unclear] Petronia de Castris. C. 10 s.; [unclear] Johanna de Castris. C. 12 s.; [unclear] Petronia de Castris. C. 10 s.; [unclear] Johanna de Castris. C. 12 s.; [unclear] Petronia de Castris. C. 10 s.; [unclear] Johanna de Castris. C. 12 s.; [unclear] Petronia de Castris. C. 10 s.; [unclear] Johanna de Castris. C. 12 s.; [unclear] Petronia de Castris. C. 10 s.; [unclear] Johanna de Castris. C. 12 s.; [unclear] Petronia de Castris. C. 10 s.; [unclear] Johanna de Castris. C. 12 s.; [unclear] Petronia de Castris[unclear] C. 10 s.; [unclear] Johanna de Castri[unclear] C. 12 s.; [unclear] Petronia de Castri[unclear] C. 10 s.; [unclear] Johanna de Castri[unclear] C. 12 s.; [unclear] Petronia de Castri[unclear] C. 10 s.; [unclear] Johanna de Castri[unclear] C. 12 s.; [unclear] Petronia de Casstri[unclear] C. 10 s.; [unclear] Johanna de Casstri[unclear] C. 12 s.; [unclear] Petronia de Casset[unclear] C. 10 s.; [unclear] Johanna de Casset[unclear] C. 12 s.; [unclear] Petronia de Casett[unclear] C. 10 s.; [unclear] Johanna de Casett[unclear] C. 12 s.; [unclear] Petronia de Cesett[unclear] C. 10 s.; [unclear] Johanna de Cesett[unclear] C. 12 s.; [unclear] Petronia de Ceasett[unclear] C. 10 s.; [unclear] Johanna de Ceasett[unclear] C. 12 s.; [unclear] Petronia de Cesett[unclear] C. 10 s.; [unclear] Johanna de Cesett[unclear] C. 12 s.; [unclear] Petronia de Ceasett[unclear] C. 10 s.; [unclear] Johanna de Ceasett[unclear] C. 12 s.; [unclear] Petronia de Casett[unclear] C. 10 s.; [unclear] Johanna de Casett[unclear] C. 12 s.; [unclear] Petronia de Caett[unclear] C. 10 s.; [unclear] Johanna de Caett[unclear] C. 12 s.; [unclear] Petronia de Caett[unclear] C. 10 s.; [unclear] Johanna de Caett[unclear] C. 12 s.; [unclear] Petronia de Caetten[unclear] C. 10 s.; [unclear] Johanna de Caetten[unclear] C. 12 s.; [unclear] Petronia de Caeatn[unclear] C. 10 s.; [unclear] Johanna de Caeatn[unclear] C. 12 s.; [unclear] Petronia de Cayetin[unclear] C. 10 s.; [unclear] Johanna de Cayetin[unclear] C. 12 s.; [unclear] Petronia de Cayetten[unclear] C. 10 s.; [unclear] Johanna de Cayetten[unclear] C. 12 s.; [unclear] Petronia de Cayeatin[unclear] C. 10 s.; [unclear] Johanna de Cayeatin[unclear] C. 12 s.; [unclear] Petronia de Cayett[unclear] C. 10 s.; [unclear] Johanna de Cayett[unclear] C. 12 s.; [unclear] Petronia de Cayeten[unclear] C. 10 s.; [unclear] Johanna de Cayeten[unclear] C. 12 s.; [unclear] Petronia de Cayetin[unclear] C. 10 s.; [unclear] Johanna de Cayetin[unclear] C. 12 s.; [unclear] Petronia de Caetten[unclear] C. 10 s.; [unclear] Johanna de Caetten[unclear] C. 12 s.; [unclear] Petronia de Caeatn[unclear] C. 10 s.; [unclear] Johanna de Caeatn[unclear] C. 12 s.; [unclear] Petronia de Cayeatin C. 10 s.; [unclear] Johanna de Cayeatin C. 12 s.; [unclear] Petronia de Caietin[unclear] C. 10 s.; [unclear] Johanna de Caietin[unclear] C. 12 s.; [unclear] Petronia de Caittin[unclear] C. 10 s.; [unclear] Johanna de Caittin[unclear] C. 12 s.; [unclear] Petronia de Caiett[unclear] C. 10 s.; [unclear] Johanna de C