Title IX: That Nothing Be Innovated While the See Is Vacant

Latin source headnote: While a see is vacant, its status ought not to be changed.

Innocent III, to the Prior and Convent of Glastonbury.

He who is the searcher of hearts and knower of secrets knows that, although Pope C. of good memory, our predecessor, erected your church [as a see] into a cathedral, uniting it to the church of Bath so that the bishop of each would be the same, and took care to confirm his constitution not only through his privilege but also through many other writings, nevertheless, because you asserted that this union was a confusion, complaining that it redounded to the grave prejudice of the church of Glastonbury, since by it religion was dissolved, almsgiving was defrauded, and hospitality was taken away, we, inclined by your supplications, began diligently to direct our attention, as much as was fitting, to relieving the status of your church. And because it appeared incongruous that we should suddenly annul the statute of our predecessor in this matter, since we wish to defer to him insofar as we can with God, just as we wish our successors to defer to us insofar as they will be able with God, while the union remained we so disposed of the other matters—however much this displeased Savaric, Bishop of Bath of good memory, who frequently labored on this account to the Apostolic See—that the status of your church appeared to have been relieved for the better. Hence, after diverse negotiations and manifold deliberations, at the petition of the same bishop, after he could obtain nothing else from us, we finally took care to strengthen by apostolic protection what had been ordained concerning this by provident and honorable men under authority of our mandate. But after the death of the aforesaid Bishop of Bath, having recourse to our presence, you humbly petitioned that, because the time had arrived when the ruin of your church could without scandal be raised to its former state, since both the church of Bath and that of Wells together petitioned the same thing, and the king with the magnates of the kingdom, and certain bishops with many abbots, also sought the same, we should wholly dissolve the union and reduce your monastery to its ancient state, to be governed under the rule of an abbot. We therefore, attending diligently that, while an episcopal see is vacant, nothing ought concerning this to be innovated, since there is no one to protect the episcopal right—especially lest we should appear to have favored the person more than the church if we suddenly changed after his death what we granted while he lived—could not hear your petition in its entirety without harm to conscience and danger to reputation. But so that, according to the customary manner that you have experienced to be both useful to you and honorable to us, one may proceed gradually from the lowest to the highest, granting you the aforesaid authority, we decree that, when the church of Bath has been ordered concerning a prelate, if you wish to show that provision has not yet been made fully for your church to avoid detriment or prejudice, you are to have free faculty to prosecute your right before the Apostolic See; meanwhile, however, let the same monastery be governed freely under the care of the prior. [Therefore let no one, etc. Given at Rome at Saint Peter's, on the second day before the Ides of March, in the ninth year. 1206.]

Latin source headnote: Benefices pertaining to the collation of a prelate cannot be conferred by the chapter while the see is vacant.

Honorius III, to the Bishop of Calvi and Masters V. and S., Canons of Sessa.

That sincerity of devotion and sincere devotion that our beloved son Master R., Dean of Teano, is known to have had until now toward our person and the Apostolic See induce us, in consideration of his learning and probity, to bear him in the bowels of charity and to be unwilling to deny him those things that ought to be granted according to God. Hence we thought that the church of Saint Leucius of Capua, with all its appurtenances, with which our venerable brother R., Archbishop of Capua, by our mandate invested Master R. in the name of a prebend, the grace of our donation preceding, should be confirmed to him by apostolic authority, notwithstanding a grant made concerning that church to another by the chapter, or our confirmation, if any perhaps appears to have been obtained in common form; since it is nowhere found to be provided in law that, while the see is vacant, the chapter performs the function of the bishop in collations of prebends. Nor in the same case can the power of conferring prebends be said to have devolved upon the chapter by the negligence of the superior, since there was no superior there who could confer them in fact or in law. Therefore we command your discretion that, with the obstacle of appeal removed, you induct the same master into corporal possession of that church and defend him once inducted.

Latin source headnote: A judgment had against a church while the see is vacant is not valid.

The same, to the Bishop of Burgos.

When formerly the proctor of the church of Saint Mary of Castroforte and G., Bishop of Burgos of good memory, your predecessor, were constituted before Pope I. of good memory, our predecessor, the said proctor sought from that bishop restitution both concerning the freedom of electing a prelate for itself and concerning the lands of that church and other things, of all of which his party had been despoiled, as he said. (And below:) Therefore, after issue had lawfully been joined concerning the foregoing before that predecessor of ours, and afterward confessions had been made and witnesses received before delegated judges, the cause, having been instructed, was remitted to us. We therefore, when the proctors of the parties, constituted in our presence, had litigated at length before us concerning the foregoing, thought that the depositions of the witnesses who had been received while the church of Burgos was vacant and lacked a lawful defender should be rejected.