Emperor Henry III, Constitution on the Oath of Calumny

Emperor Henry III, Constitution on the Oath of Calumny [1047 CE]

Edict given by Emperor Henry III at Rimini in 1047. May be inspired by Hallinard of Lyons, and his refusal to swear the oath of fealty to Emperor Henry III, the year prior in 1046 CE. 

Source: Hill Jr, Boyd H. Medieval monarchy in action: the German Empire from Henry I to Henry IV. Vol. 21. Routledge, 2019. [Ebook, section 40] 

Henry II [sic: III], by God's grace emperor augustus. To everyone: Since the laws warn that no cleric should presume to take an oath [Marcian (456 CE); CJ 1.3.25], yet it is elsewhere found written that all principal persons at the beginning of a law suit take an oath forswearing calumny, the matter comes into doubt in some laws drawn up by experts whether clergy ought to take an oath or perhaps delegate this office to other persons. Because that rescript where clergy are forbidden from taking an oath seems to have been promulgated by the august Theodosius [sic: Marcian] for his praetorian prefect Taurus [Sic: Constantine] concerning the clerics of Constantinople, it is therefore not thought to pertain to other clerics. Therefore in order that this doubt be completely removed, we have decreed that that rule of the divine Theodosius [sic:Marcian] be thus interpreted so that it be judged to pertain generally to the clerics of all churches. Yet when the divine Justinian legally decreed that it is necessary that canons of the fathers have the force of law, and it is found in some canons of the fathers that clergy dare not take an oath, it is fitting that all the clerical order should undoubtedly be considered to be immune from having to take an oath. Therefore we decree, with regard to both divine and human law, and we determine irrevocably by means of imperial authority that no bishop, priest, or cleric of whatever rank, abbot, monk, or nun should be compelled to swear an oath in any controversy either criminal or civil for any reason whatsoever, but may delegate this duty to the appropriate advocate. Given the third day before the nones of April [in the year of the Lord's Incarnation 1047; carried out] at Rimini.