Clericis laicos

Clericis laicos was a Papal bull issued on February 5, 1296 by Pope Boniface VIII in an attempt to prevent the secular states of Europe, in particular France and England, from appropriating church revenues without the express prior permission of the pope. The two expansionist monarchies had come to blows, and the precedents for taxation of the clergy for a "just war" if declared a crusade and authorized by the Papacy had been well established. The position of Boniface was that prior authorization had always been required, and the clergy had not been taxed for purely secular and dynastic warfare.

Boniface VIII viewed conflict between England and France as a particularly grave matter. As long as France was at war, she was less likely to be able to offer him any assistance in Italy; nor were either likely to participate in any expedition to the Holy Land. The hostilities with France also brought increased exactions on the English church to finance them. Benedict sent cardinal nuncios to each court in hope of a brokered truce, but their efforts were unsuccessful.

At a time when the laity were taxed an eleventh on their movable goods, or a seventh if they lived in town or on a royal demesne, the clergy, under Archbishop of Canterbury Robert Winchelsey, offered a tenth for national defense. King Edward I declined, suggesting rather a quarter or a third.

The Fourth Lateran Council of 1215 reiterated a principal found in the Lateran Council of 1179, that a secular power may not tax Church property without first obtaining permission from the pope. It had become accepted practice. Philip IV had himself observed it in 1288 in collecting a tenth over three years. With the war with Edward I, however, he dispensed with the formality, triggering protests from the French clergy and complaints to Rome.

The bull decreed that all prelates or other ecclesiastical superiors who under whatsoever pretext or color shall, without authority from the Holy See, pay to laymen any part of their income or of the revenue of the Church, likewise all emperors, kings, dukes, counts, etc. who shall exact or receive such payments, incur eo ipso the sentence of excommunication.

James F. Loughlin, writing in the Catholic Encyclopedia (1903), sees this as expressing two underlying principles: (1) That the clergy should enjoy equally with the laity the right of determining the need and the amount of their subsidies to the Crown; and (2) That the head of the Church ought to be consulted when there was question of diverting the revenues of the Church to secular purposes.

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