Title IV: On Clerics Not Residing in a Church or Prebend

Latin source headnote: It is not lawful for a bishop to transfer to another bishopric without the Pope's license by accepting it; otherwise he is deprived of the one held and the one sought. This is its meaning according to the gloss.

From the Council of Sardica.

Let it not be lawful for a bishop to transfer from his own city to another [city]. For the cause on account of which he attempts to do this is manifest, since no bishop has been found in this matter who would transfer from a greater city to a lesser one.

Latin source headnote: A cardinal who does not reside in his title is deposed. This it says, and this text is very noteworthy.

Leo III.

From the acts—(And below:) In the synod Anastasius, cardinal presbyter of the title of Blessed Marcellus, was canonically deposed by all because for five years he had deserted his parish contrary to the statutes of the canons and remains among others to this day.

Latin source headnote: Several dignities or churches ought not to be conferred upon one person, and a church is to be conferred upon one who is able to reside and govern by himself; otherwise the recipient loses the church, and the giver is deprived of the power to confer.

From the Lateran Council.

Because certain men, setting no measure to avarice, endeavor to receive diverse ecclesiastical dignities and several parish churches contrary to the statutes of the sacred canons [thus], so that, although they are scarcely sufficient to fulfill one office, they claim the stipends of many for themselves, we more strictly forbid this to be done henceforth. Therefore, when a church or ecclesiastical ministry is to be committed, let such a person be sought for this who is able to reside in the place and exercise its care by himself. But if it has been done otherwise, both let the one who received lose what he received contrary to the sacred canons, and let the one who gave be deprived of the power of bestowing.

Latin source headnote: One presented to a church but not confirmed, if it appears that he does not wish to reside, ought not to be instituted by the superior; but one confirmed and not residing without a just cause is deprived, with appeal removed.

Alexander III, to the Archbishop of York.

It has been reported to us on your behalf that, although it was established in the Lateran Council that a church or ecclesiastical benefice be conferred upon such a person as is able to reside in the place and exercise its care by himself, certain persons presented to churches affirm that they can do this but refuse to carry it out. Therefore you wished to consult [us] whether because of this you can reject such persons when presented, or remove them when instituted, the obstacle of appeal being taken away. Since, therefore, words are to be taken with effect, such persons, if they have been presented, ought not to be admitted; and those admitted, if they have been instituted, can lawfully be removed—unless perhaps it should happen that they are absent by license of their prelates, for study of letters, or for other honorable causes. Nor ought the refuge of appeal to protect them if it was interposed against the intention of a decree of this kind. [Because, moreover, etc. (Cf. c. 5, On the Right of Patronage, III. 38.)]

The same, to the Archbishop of York.

We have thought fit to grant to your fraternity that, if clerics who have obtained a benefice in churches of your jurisdiction have transferred to another diocese for the purpose of remaining there without your license and assent, it may be lawful for you to despoil them of the benefices they have from you, unless perhaps they have applied themselves to scholastic disciplines or shown you a reasonable cause why they ought not to return. Furthermore, you ought not to receive a cleric of another diocese without commendatory letters from his bishop, unless on his behalf you have received requests or a mandate from the Apostolic See.

Latin source headnote: One who does not reside in a benefice even of small value is deprived of it.

The same.

Upon the complaint of R., a presbyter, we learned that G., a cleric, endeavors to extort twenty solidi annually from him for his church, from which, as is said, he can scarcely receive the necessities of life, asserting that that benefice had been conferred upon him in the same church, although, as we have learned, he does not serve the same church and has and possesses other sufficient ecclesiastical benefices from the Church. Since, therefore, it is indecent and not consonant with reason that the same man, when he has and possesses other sufficient ecclesiastical benefices, should seek a benefice from a church which he does not serve, through apostolic writings we command your fraternity that, if it is established for you that the said G. has sufficient ecclesiastical benefices or that he does not serve the same church, with the obstacle of appeal removed, you impose silence upon him concerning the aforesaid benefice.

Latin source headnote: One who is in the service of a bishop receives the fruits of a benefice as though resident, except for daily distributions. Abbas.

The same.

For the future, because it is worthy and fitting that the canons of your church, while they remain about you in your service, receive a portion of the common fund, by the present writing we establish that nothing ought to be subtracted or taken away from your canons, while they are in your service, that is owed to them from the benefit of the common fund, unless perhaps these are victuals that are not accustomed to be furnished to absent persons.

Latin source headnote: A nonresident prelate or cleric who, after being cited, does not return within the term fixed for him is to be deprived, unless he has a just impediment. This it says, together with the two following chapters.

Celestine III.

It was reported to our apostolate on your behalf that the dean of your church, who chose for himself a dwelling rather in the regions of Gaul, has for a space of ten years already made it impossible for your church to have his presence. Therefore, because we do not wish the same church to be defrauded of the office of dean, through apostolic writings we command your whole body that you write to him that he ought to visit your church and exercise his office there as dean. But if, after being summoned, he should perhaps be unwilling to come, we grant you from then on free faculty to elect another who is able to preside over and profit your church.

Latin source headnote: It has been summarized in the preceding chapter.

Innocent III, to the Chapter of Ragusa.

How your archbishop departed from the church of Ragusa by his own temerity and, though awaited, has not returned for more than four years already, and was recalled even by your letters, your whole body knows fully, since you have very often laid complaints before us concerning him on this matter and requested that license to elect be granted to you. But we, waiting, thought that he should be awaited longer, to see whether perhaps he would return to his heart and go back to his church, which he had thus abandoned. Therefore, being unwilling that the church itself remain longer destitute of a pastor's solace, through apostolic writings we command and enjoin your discretion that, unless perhaps he has now returned, after one month from receipt of the present letters you elect a person suitable for you as archbishop and take care to present your election to us as quickly as possible. [Given at the Lateran, 1202.]

Latin source headnote: The summary is as in the chapter On your behalf above, under the same title.

The same, to the Patriarch of Constantinople.

Among the four animals—(And below: [Cf. c. 8, On Majority and Obedience, I. 33.]) But concerning clerics who without a just and necessary cause in this new state of affairs desert churches or prebends granted to them, especially without your consent being added, we have thought that this answer should be given to you: that, after they have been awaited for a suitable time, unless they return to them, they can justly be deprived of them, provided that they are not detained by a just impediment. [Concerning monasteries, etc. (Cf. c. 5, On Religious Houses, III. 36.) Given at Ferentino, on the fourth day before the Nones of August, in the ninth year, 1206.]

Latin source headnote: If it is not known where a cleric is, he will be cited by three public edicts in his church, and, if he does not return within six months, he will be deprived of his church. This it says as far as the verse Against them. — (Against them, etc.) This short passage is not summarized because of the variety of readings and because according to one interpretation it does not pertain to the rubric.

The same, to the Archbishop of Palermo.

From the communication of your devotion we received [that, when the Latins had occupied the region of Achaea, certain Greek bishops, your suffragans, terrified by fear and fleeing from their own places, left their churches; some of them, although admonished more often, nevertheless disdain to return to their sees, while some cannot now be admonished through reliable messengers because of the dangers of wars. Hence you humbly supplicated us that, giving you salutary counsel concerning this, we should deign to write to you how you ought to proceed concerning them and their dioceses. We therefore, considering that because of the novelty of the change of that land and the occurrence of new events one must proceed with very great maturity, answer your devotion thus: that you take care to cite them not once but often, namely a first, second, and third time; and if they are unwilling to appear but wish to persist in their contumacy, unless perhaps they have thought that they should be fortified by the shield of an appeal, which they are to prosecute within the lawful time, compel them by sentences of suspension and excommunication to come to your obedience.] But in the churches of those who absent themselves fraudulently and whom a citation cannot reach, you are to cause an edict of triple citation to be published; and, if not even thus do they take care to obey, and if they desert their churches for more than six months, according to the canonical sanctions they ought deservedly to be despoiled of them. Against them also, as has been written above, let proceedings be taken, namely that you compel them by a sentence of suspension and excommunication to come to your obedience. But if not even thus can their malice be softened, let the beloved son B., cardinal presbyter of the title of Saint Susanna and legate of the Apostolic See, remove them from the administration of spiritual things and cause the churches over which they preside to be provided with suitable persons; but let him not promulgate a sentence of degradation against them, so that, if expedient, it may more easily be possible to act mercifully with them. [You asked, etc. Given at the Lateran, on the thirteenth day before the Kalends of May, in the tenth year, 1207.]

Latin source headnote: One privileged to receive the fruits of a prebend while absent in study does not use the privilege while staying in a village or castle where there is no study or a less suitable one.

The same, to the Bishop of Auxerre.

The discretion of your fraternity requested—(And below:) You asked furthermore whether, when at times canons to whom, for the sake of studies, it has been granted that in their absence they receive the fruits of their prebends, after obtaining license transfer themselves to villages or castles in which there is no exercise of studies or a less suitable one, the fruits of their prebends are to be conferred upon such men. To this we answer briefly that the aforesaid indulgence ought not to belong to those who commit fraud of this kind, since fraud and deceit ought to furnish protection to no one. [Furthermore, etc. (Cf. c. 15, On Usury, V. 19.) Given at the Lateran, on the seventeenth day before the Kalends of June, in the tenth year, 1207.]

Latin source headnote: One who swore to reside in a church lawfully absents himself for the services of the church.

Honorius III, to the Provost of Valières.

It was proposed before us on your behalf that at the time when you received the provostship of Valières, you took an oath to make residence, which is called liege residence, in the church of Saint Martin of Tours, in which you hold the same provostship, promising by an oath additionally taken that you would maintain and defend the men and rights of the provostship itself. But because, while prosecuting the rights of the provostship, you sometimes cannot reside in the aforesaid church, fearing concerning the oath taken regarding the residence itself, you humbly requested that provision be made for you by us concerning this. But we answer your petition thus: that, if, not absenting yourself fraudulently, you faithfully prosecute the rights of your provostship, since from this you ought to be accounted resident, you do not incur perjury.

Latin source headnote: A member of the Pope's household receives the fruits of his prebend in his absence, notwithstanding a contrary constitution.

The same, to the Chapter of Metz.

Since the beloved son Master Otto, our scribe and a canon of your church, continually renders pleasing services to us and is held to be no less useful to the same church when absent than when present, we have thought that your whole body should be requested and admonished, and through apostolic writings we command you that, notwithstanding the constitution said to have issued among you against absent canons, out of reverence for the Apostolic See and us, you assign him in full the fruits of his prebend annually while he remains in our service, making fitting satisfaction to him concerning those withdrawn, since our household members, who exhibit themselves as serviceable toward all around us, ought not to enjoy a lesser prerogative than each of you, whose affairs are very often advanced through them.

Latin source headnote: Two canons absent with the bishop, or in his service, receive the fruits of their prebends in their absence, notwithstanding a contrary constitution of the church.

The same, to the Bishop of Meaux.

It came to our hearing through your report that, although in the church of Meaux there is a certain constitution entered into, fortified by oath and confirmed by authority of the Apostolic See, that namely its canons who do not reside in the same church for six months are deprived of the fruits of their prebends, those alone being excepted whom infirmity of their own body would excuse or whom it should happen to be detained in the service of the Apostolic See, and whom the labor of pilgrimage or literary studies might draw away, the dean and certain other canons of Meaux, on the occasion of a constitution of this kind, endeavor to deprive the canons remaining in your service of the fruits of their prebends. Hence, since it is very expedient for you to retain some of those canons in your service, you humbly supplicated us that we deign to provide for your necessity in this matter by the moderation of apostolic provision. Therefore, wishing so to moderate the aforesaid constitution that the said church may perceive fruit from it and you may not incur loss through its abuse, by the authority of the present letters we decree that two of the canons of the aforesaid church, existing in your service, receive in full the fruits of their prebends, since those who remain with you for your service and that of the church itself ought not to be called absent but present.

Latin source headnote: If a church suffers a lack of ministers, those privileged concerning absence are compelled to return by withdrawal of revenues. This it says, and it is a good text and can be much practiced.

Gregory IX, to the Patriarch of Antioch, Legate of the Apostolic See.

Since ecclesiastical benefices are assigned for this—(And below:) Indeed, it has become known to us that the church of Antioch is almost destitute of ministers because many of its servants are absent. Hence we command that, notwithstanding apostolic indulgences and the license of your predecessors, you recall the absent canons and assessors to reside in the aforesaid church; and if they do not come, while they are absent you are to cause the same church to be fittingly served from their benefices, converting to the use of the same church what remains from the aforesaid benefices.

Latin source headnote: A nonresident cleric is deprived of his benefice if, after being admonished, he does not return and does not allege a just excuse. This it says, and it is a noteworthy case.

The same.

Let it be lawful for you to despoil clerics who have obtained benefices requiring residence in churches of your jurisdiction, if they have transferred to another diocese for the purpose of remaining there without your license and, after being admonished, have not returned, of the said benefices, unless they have shown a reasonable excuse.