Title V: On Prebends and Dignities

Latin source headnote: There is no succession to the goods of a church by right of consanguinity.

From the Council of Poitiers.

Let no one of the clergy or of the people seek to have ecclesiastical goods for himself by right of consanguinity.

Latin source headnote: It is not lawful for a bishop to ordain anyone without a title.

In the Body of Canons.

Let it not be lawful for any bishop to ordain clerics and furnish them no means of support; rather, let him choose one of two alternatives: either let him not make clerics, or, if he makes them, let him give them that from which they can live.

Latin source headnote: The goods of churches are common, and no one ought to claim them for himself as his own.

Gregory, to Anthemius the Subdeacon.

No reason permits that what is recognized to have been given for the common utility be applied to anyone's private uses.

Latin source headnote: One who ordained to sacred orders without a title someone not having from his own property that from which he may live is bound to provide for him from his own property until he has obtained some title.

Alexander III, in the Lateran Council.

If a bishop ordains anyone as deacon or presbyter without a certain title from which he may receive the necessities of life, let him furnish necessities to him until he assigns him in some church suitable stipends of clerical service, unless perhaps the one so ordained can have the support of life from his own or his paternal inheritance.

Latin source headnote: Bishops ought not to permit anyone to hold several churches.

The same, in the same council.

Because the ambition of certain men has now advanced so far that they are reported to have not two or three but six or more churches, although they cannot expend the provision owed upon even two, we command that this be corrected through our [most beloved] brothers and fellow bishops; and we wish the lack of those who are able to serve churches [worthily] to be relieved from the multitude of prebends, which is hostile to the canons, introduces matter for dissolution and wandering, and contains a certain danger of souls.

Latin source headnote: By mandate of the Pope, one is not bound to provide for him who concealed a benefice in the letters, or for whom provision cannot be made without scandal. This it says; and in its last point this text is always to be held in mind.

The same.

Since we are bound by the duty of the governance undertaken to attend to the provision of clerics, we direct our writings for them to you and to other prelates of churches, and sometimes even concerning the provision of those who are known to have another sufficient benefice. But because sometimes we do not know that those for whom we write to you and other prelates of churches have another benefice, if you have received our requests and mandate for the provision of someone, or shall at some time receive them, who has another benefice from which he is able to be suitably sustained, unless perhaps mention of this is made in the letters themselves, or if provision cannot be made for him without scandal, we bear it with equanimity if you have not thought that our requests and mandate should be executed for him.

Latin source headnote: One having several churches is compelled to choose one and relinquish the other.

The same.

Upon the report of I., a presbyter and bearer of the present letters, we learned that, although he had two churches, your archdeacon despoiled him of one of them and assigned the same to a certain presbyter named G.; but the aforesaid I., perceiving that he was burdened in this respect, appealed to the metropolitan, namely the Archbishop of Reims. And when the same I. had been restored to the aforesaid church by mandate of the same archbishop, the aforesaid G. appealed to our hearing. But afterward the aforesaid archdeacon bound the same I. with the bond of excommunication because, when summoned to his presence so that he might grant to the aforesaid G. one of the aforesaid churches, he disdained to come. But we, causing him to be absolved from the sentence by which he was bound, have thought that the same man should be remitted to you. Wherefore we command you that, the parties having been summoned before your presence, after one of the aforesaid churches, whichever he wishes, has been left to the aforesaid I. with its appurtenances, you do not delay in assigning the other to the aforesaid G., if he has no church; otherwise, without delay assign it to another suitable person lacking an ecclesiastical benefice.

Latin source headnote: Prebends and dignities ought not to be divided, nor even exchanged.

The same, in the Council of Tours.

While the greater benefices of a church remain in their integrity, it seems exceedingly unbecoming that the prebends of lesser clerics should suffer division. Therefore, so that the Church may have unity established in its lesser members just as in its greater ones, we forbid the division of prebends or the exchange of dignities to take place.

Latin source headnote: One received as a canon by promise of the chapter ought, when the opportunity has offered itself, to have a prebend. See chapter 2, On the Granting of Prebends, in the Sixth Book, with the gloss.

The same, to the Archbishop of Canterbury.

It has been reported to our ears that, although our beloved son Master Ja. has been canonically instituted by you in your church and has full power as a canon in the choir, chapter, and other things whose use is common, you have not yet taken care to assign him a prebend according to your promise, although several prebends are said to have become vacant in that church after your promise. Therefore, because it is worthy and consonant with reason in every way that, after Master I. has been instituted a canon in your church and had from you a promise that the first prebend should be conferred upon him when one became vacant in that church, he ought to enjoy the integrity of a prebend, especially since, as is proposed to us, he is learned and discreet, by apostolic writings and by way of precept we command your fraternity that, if the same I. has been canonically instituted in your church and has power as a canon in the choir and chapter and in other things whose use is common, you liberally grant and assign him, according to your promise, a prebend if any of the old ones in that church is now vacant, or when one shall first become vacant there, every occasion and contradiction ceasing, in such a way that you can deservedly be commended for constancy and gravity and we are not compelled to write to you again because of this, because it is not fitting that one who is known to have been received as a canon should lack a prebend.

Latin source headnote: Religious cannot diminish the revenues of their churches with respect to the portion owed to rectors or vicars, nor divide parishes.

The same, to the Canons Regular and Monks of the Diocese of York.

The root of avarice, which is the service of idols, ought to be rooted out more diligently by those who, renouncing the vanities of the world, have chosen to serve the Lord in religious habit. We have understood, however, that in your churches from which you have been accustomed to receive fixed pensions, you have diminished the portions or ancient revenues that certain clerics of those churches are known formerly to have had. Therefore, because this proceeds from the root of avarice and cupidity, which you ought to avoid in every way, by apostolic writings and by way of precept we command your fraternity that, if you have presumed unduly, without the counsel or consent of your archbishop, after he obtained the archbishopric, to diminish any portions or ancient revenues of clerics or to divide parishes, you restore them to their former integrity, and preserve intact and unimpaired the reasonable and ancient pensions of the clerics who ought to serve at the altars; and in churches from which you have been accustomed to receive fixed pensions from them, in no way diminish by rash presumption the portions or ancient revenues that clerics had in them before the time of that archbishop and after he obtained the archbishopric, and do not presume in any way to divide the parishes of churches by your own authority.

Latin source headnote: A prelate and chapter can impose an honorable burden upon a vacant prebend, to which the prebendary is bound.

The same, to the Provost and Chapter of Lille.

It was signified to us that, by common [consent and] will, you gave one prebend in your church to a certain priest in such a way indeed that he ought to celebrate the Mass of Saint Mary daily unless burdened by bodily infirmity, and could not relinquish your church except by the common consent both of the provost and of the chapter, or delegate the anniversary of that prebend to anyone. We confirm this institution to this extent: that the aforesaid priest, unless impeded by bodily infirmity, ought assiduously to render his service to the aforesaid church and, as frequently as he can, with his honorable conduct and due devotion preserved, celebrate the solemnities of Masses; nor is it lawful for him to withdraw this service from it, whether for the sake of pleasure or by transferring himself to another church.

Latin source headnote: Upon the presentation of religious, no one ought to be instituted by the bishop in their churches unless a fitting portion of the revenues is first assigned to him.

The same, to the Archbishop of Worcester.

Concerning the monks, however, who burden vicars of parish churches to such an extent that they cannot maintain hospitality or have an honorable sustenance, you are to have that care and providence that you receive no one upon presentation of the monks unless so much from the revenues of the church has been assigned to him before you that he can pay the episcopal dues and have a fitting and sufficient sustenance. But from those priests to whom the care of souls has been committed by you or your predecessors in churches of the monks, you will be able to withdraw it unless an honorable and sufficient sustenance has been assigned to them by the monks.

Latin source headnote: No one can have several dignities or personates in one or in diverse churches.

The same, to the Archbishop of Salerno.

To these matters: although that custom is not consonant with reason according to which, if a cleric dies from the Kalends of March to the Kalends of November, he grants, according to his own will, the right to receive the entire benefice that he has for that year, nevertheless, because it is preserved in many churches, you will be able sufficiently to tolerate it in your archbishopric, especially if at his death the cleric is burdened by a load of debts. And it is contrary to all reason that one cleric should hold several dignities or personates in one church or in diverse churches, since each office in churches requires the assiduity of persons.

Latin source headnote: One having several dignities is compelled to relinquish one.

The same, to the Archbishop of Bordeaux.

Furthermore, concerning Archdeacon G., who has been constituted archdeacon in your church and that of Toulouse and has been regularly professed in each church, and who, after collecting those things that he can collect in the archdeaconry of your church, returns to Toulouse without your knowledge and remains there for a year or more, we command your prudence that you cause the same G., if the matter is so, to be content with one archdeaconry, whichever he prefers, occasion and appeal ceasing.

Latin source headnote: If one elected to a second church is unwilling to relinquish the first, the electors can withdraw and not accept the elect.

The same, to the Archbishop of Genoa.

Since you are not unaware that one church ought to belong to one priest, we regard it as astonishing and unworthy if you wish to grant one person a place in several churches and introduce into your episcopate the custom of the Gallican Church, which, since it receives one person to several benefices contrary to the statutes of the sacred canons, is not approved by us, although it cannot be corrected because of the multitude of delinquents. Therefore, since the messenger of that presbyter who contends that he has a place in two churches, and certain clerics of the other church in which he said that he had a place, have come to our presence against him, we, considering that it is not fitting or honorable for the same presbyter to have a place in two churches, will and command that you cause him to remain content with that benefice which he has. But if perhaps the archpriest and clerics of the other church consented to him, since they now dissent, to their scandal, he ought not [either] to seek or have a place in that church.

Latin source headnote: When someone has been ordained to sacred orders by a bishop without a title, no one presenting him, the ordainer or his successor is compelled to provide necessities until he has a title.

Innocent III, to the Bishop of Zamora.

Since according to the Apostle one who serves the altar ought to live from the altar, and one who is chosen for the burden ought not to be repelled from the reward, it is apparent by similitude that clerics ought to live from the patrimony of Jesus Christ, to whose service they are assigned, as the very rationale of the name persuades. For since clerics are named from κλῆρος, which is lot or inheritance, because in their ordination either they are taken into the Lord's inheritance or obtain an inheritance in him, so that they can truly sing with the Prophet, saying, “The Lord is the portion of my inheritance,” it is worthy that they be sustained by the stipends of the church in which and through which they are enrolled in divine services. But although our predecessors wished the ordinations of those who are promoted without a certain title to be void and empty, to the injury of the ordainers, we nevertheless, desiring to act more benignly, will that those ordained be provided for by the ordainers or their successors until through them they obtain ecclesiastical benefices, lest perhaps we seem with hardened face to neglect the cries of poor clerics, which we believe enter the ears of the Lord of Sabaoth. Hence it is that, since the beloved son G., bearer of the present letters, was, as he asserts, promoted to the subdiaconate by G. of good memory, your predecessor, no one presenting him, [and has obtained no ecclesiastical benefice,] through apostolic writings we command your fraternity that, if those to whom we have thought that his examination should be committed, after you have lawfully been cited so that you may be present personally or through a suitable representative and may be permitted to propose whatever you reasonably think should be proposed concerning both the suitability of the person and the amount of the benefice, find him suitable and not unworthy of ecclesiastical benefice, you suitably furnish him the necessities of life until through you he has obtained a competent ecclesiastical benefice in the church of Zamora or in another, knowing for certain that, if through their examination he is found suitable and you neglect to provide for him according to our mandate, when this becomes known to us through their letters we shall compel you by ecclesiastical severity to execute it, because, just as we do not wish to command unjust things, so, when we command just things, we wish to be heard effectually. [Given at the Lateran, on the third day before the Nones of April, 1198.]

Latin source headnote: One who knowingly conferred upon an ignorant person a prebend that he could not confer, when that prebend has been evicted, is bound to confer another that he can confer. This it says, and it is a singular disposition.

The same, to the Archbishop of Sens.

Among other things, [by which we are instructed for the governance of the universal Church, he whose grace, not our merit, advanced us to its governance left us a wondrous and marvelous example of his kindness, namely in this: that, just as we see was done by the Lord concerning Blessed Peter, whose successors we are, though unworthy, he chose the weak things of the world so that he might confound every strong thing, mercifully foreseeing that he who before his calling had sustained the weight of secular passions, having experienced the frailty of the human condition, would know better how to suffer with his brothers and more suitably how to pity them, while, conscious of himself, he would have in himself manifest proof in similar things. Setting these things before our eyes, after our beloved son P. de Cassaneto explained to us the sequence of his business, we were moved by paternal piety toward him. Since certainty concerning the matter that we had handled while we formerly discharged a lesser office supported his account in part with testimony of fuller credibility, we assumed the endeavor of a more solicitous mind to assist him and relieve his useless labors, lest his pitiable affliction, which was already threatening him with doubtful perplexity, complain that the Apostolic See was devoid of its customary mercy and the remedy owed.] Indeed, we believe it to be sufficiently known to you how, after G. (de Bochar), formerly a canon of Laon, [the beloved son,] had resigned the prebend of that church, which by an exchange of prebends ought by apostolic authority to have been assigned to the beloved son H., then a Siclunian canon, by the dean of Reims of good memory, Master P. was invested with that same prebend by [our venerable brother] the Bishop of Laon, and was invested both in choir and in chapter by the dean and canons of Laon, the due solemnities having been employed according to the custom of the church of Laon. When a controversy concerning this had arisen between the master himself and the said H., [and an appeal had been interposed to the Apostolic See, although the same master, coming to the same See with great labors and expenses, after a long wait that, with the inclemency of a dangerous season threatening, afflicted him with much weariness and the hardships of diverse persecutions and brought him almost to extremity, had completed his business against the aforesaid H. according to his desire, nevertheless, when he was afterward absent because of illness, at the instance of the often-mentioned H., then present at the Apostolic See,] all things were retracted by Pope C. of good memory, our predecessor, [by counsel of the brothers,] and thus the master himself was wholly frustrated of his hope [and after his deprivation was compelled to approach the Apostolic See again, seeing that no remedy remained for him unless the Apostolic See should think that merciful provision ought to be made for his manifold desolation. Therefore, because of these and many other things that rendered his cause favorable, we, bearing a paternal affection toward him, by mandate strictly command the aforesaid dean and canons of Laon that they have the same master, who is known to have been instituted in that church by the said bishop and admitted by them as a brother, as a canon both in choir and in chapter, with that which the Apostolic See definitively adjudged concerning the aforesaid H. preserved, notwithstanding anyone's appeal or contradiction, and treat him with fraternal charity in the other things that pertain to a canon. Furthermore, we firmly forbid them to presume in any way to receive anyone as a canon until the aforesaid master has fully obtained the benefice of a prebend in the aforesaid church. Hence, by apostolic writings and by way of precept, we command your fraternity that, if the aforesaid dean and chapter neglect to fulfill our mandate, you do not omit, after diligent admonition has first been made, to compel them by ecclesiastical severity, with the obstacle of appeal removed, to carry out his reception as has been said, restraining by the same censure any who think that they should oppose the apostolic mandate. Know, moreover, that, because we do not wish the same bishop to be able to excuse himself under occasion of some promise or by authority of any rescript obtained from the Apostolic See in order to elude our mandate,] we have given the aforesaid bishop a strict command that, until the same master has obtained a prebendal benefice in that church, he is not to presume to assign a prebend to anyone else in any manner whatsoever; but if perhaps he presumes to do so, we decree it [wholly] null and void. For it is fitting that, because he assigned him a prebend that he could not assign by law, he assign him one that he can assign by law, lest he seem to have assigned him a prebend fraudulently. [Given at Rome, at Saint Peter's, on the tenth day before the Kalends of May, in the first year of our pontificate, 1198.]

Latin source headnote: The election of one who possesses several dignities and prebends is quashed, and likewise if he is held by any vice written here.

The same, to the Bishop and Cantor of Tournai.

Since some time ago [a question had been brought to the Apostolic See concerning the election of the beloved son I. de Bethunia to the provostship of Siclinium, because omission had been made concerning this, the names of the dignities in which the same I. is said to abound having been suppressed, and after an appeal interposed to us confirmation had been obtained from the beloved sons the dean and provost of Soissons, it was established by common deliberation that the commissory letters, as obtained by surreption, should lack the weight of firmness, as should what had followed from them. Moreover, when the beloved sons R., a canon of Siclinium, for himself, and R. the archdeacon and Master W., his canons, with their letters of ratification, and Nicholas, a canon of the same church who asserted that he was the messenger of the aforesaid I., came because of this to the Roman Church, we thereafter gave them our beloved brother Hugh, cardinal presbyter of the title of Saint Martin, as auditor. In his presence, many things proposed on either side having been reduced to writing and also reported to us in summary, because a proctor appeared from only one party, the other not appearing through contumacy, we ought not to have defined anything concerning the principal business, since the merits of causes are disclosed by the assertions of the parties.] But because certain things were objected by the already-mentioned R., canon of Siclinium, against the aforesaid I. de Bethunia, which it was not fitting to pass over in silence, namely the multitude both of dignities and of prebends, the vice of ambition and avarice, to which he has not yet set an end, and because, contrary to the tenor of our definition and the statutes of the Lateran Council, he thrusts and has thrust himself forward to obtain the provostship of Siclinium, and because [on] the day of his intrusion he presumed to minister before confirmation, as also after the confirmation had been quashed, which he obtained from the judges of Soissons, [having been obtained, we] command you through apostolic writings that, if you find that the aforesaid I. has several other dignities and prebends, or find to be true any other of the foregoing things sufficient for his quashing, you impose silence upon him concerning the aforesaid provostship, with the obstacle of appeal removed, absolving the church of Siclinium from his suit, since many things are tolerated through patience that, if brought into judgment, ought not to be tolerated when justice requires.

Latin source headnote: A prebend is owed to one received as a canon as soon as the opportunity offers itself, and meanwhile he will have the daily distributions.

The same, to the Archbishop and Archdeacon of Sens.

The beloved son T., a canon of Lincoln, established in our presence, proposed that, although by mandate of Pope C. of good memory, our predecessor, G., formerly Bishop of Lincoln, assigned him a certain prebend in the church of Lincoln, and the same was confirmed to him by our aforesaid predecessor, because the chapter of Lincoln disdained to receive him to that prebend, the beloved sons the abbots of Clairvaux and Longpont, by authority [of our aforesaid] predecessor, when it was unwilling in any way to cease from contradiction, subjected it to ecclesiastical interdict. But afterward, coming to our presence, he obtained our writings to the beloved sons the abbots of Melun and Quincy. But when he could not obtain his justice through them, we gave a mandate, as he asserts, to our venerable brother the Archbishop of Reims, cardinal of the Holy Roman Church, then Bishop of Palestrina and legate of the Apostolic See, that he cause the aforesaid sentence of interdict, as it had reasonably been promulgated, to be firmly observed with appeal set aside. But when the same archbishop prolonged the business and the same man, after manifold labors, had almost despaired of advancing the business, failing in expenses, at the instance and by the authority of the Archbishop of Reims, then Bishop of Palestrina and legate of the Apostolic See, such a settlement intervened between him, T. on one side, and our venerable brother R., the bishop, and the beloved sons the canons of Lincoln on the other: that, after he had been received by them as a canon and as a brother through the hand of the aforesaid archbishop, and a stall in choir and participation in all divine things had been granted to him, he ought not to receive the fruits of any prebend of the same church except in the place of the next one to become vacant. But although we love the aforesaid archbishop in the Lord with sincere charity and wish to defer to his honor, nevertheless, because in those things that are known to be attempted contrary to canonical sanctions we neither wish nor ought to defer to him, we have thought that what was done unlawfully by him in this matter should be annulled, while approving what was done lawfully. Therefore, since the reception of the said T. as a canon and as a brother does not oppose canonical statutes, while there is no doubt that awaiting a prebend to become vacant opposes the Lateran Council, we, disapproving the unlawful act of the same legate and approving what is lawful, because it seems unworthy that one who has been received as a canon should be defrauded of the benefice of a prebend, command your discretion through apostolic writings that you compel the said bishop and canons of Lincoln, if what is asserted is true, after admonition has been given, by ecclesiastical censure, with appeal set aside, not to delay in assigning him a prebend when the opportunity offers itself, causing the daily portions made in the aforesaid church to be assigned to him without any diminution, restraining contradictors by ecclesiastical censure with appeal set aside. [Given at Rome, at Saint Peter's, on the thirteenth day before the Kalends of May, in the ninth year, 1206.]

Latin source headnote: An election does not hold when two persons are elected simply to one prebend.

The same, to the Bishop of Brescia.

The devotion of your fraternity—(And below: [Cf. c. 10, On Him Who Knew His Wife by Consanguinity, IV. 13.]) Furthermore, you consulted whether, since it often happens that two clerics are elected to one prebend because of the excessive importunity of petitioners, such an election is to be confirmed or rather annulled. We, therefore, considering that, if two held one prebend, that would be contrary to the Council of Tours, which forbids the division of prebends, and, if one of them obtained the prebend itself, the other would remain in expectation contrary to the statutes of the Lateran Council, answer your inquiry thus: that such an election is wholly to be quashed by rigor of law. [Furthermore, etc. Given at Rome, etc., 1206.]

Latin source headnote: If two persons elected to some dignity submit to judges by compromise, the judge can confirm one and, for the good of peace, make provision for the other from the revenues. This is a most beautiful disposition, and you do not have one similar in the whole body of law.

The same.

Unless both those who made the ordinance and those concerning whom the ordinance was made in your church regarding the business of the priorship were provident and honorable men, we would hold that ordinance very suspect because of the destructiveness of the example. Therefore, what after prolonged contention was ordained concerning one of the two elect, that he should have the priorship, seems to have been established according to justice by delegated jurisdiction. But what was ordained concerning the other, that he should receive annually twenty pounds from the revenues of the chapter and forty pounds from the revenues of the priorship, is understood to have been commanded according to providence by arbitral power, since submission had been made to the delegates, who confess that, while retaining the authority committed to them, they ordained this for the good of peace and utility. Therefore, because this ordinance has been received by all, and the prior and chapter can lawfully furnish provision of this kind from their revenues for the aforesaid causes—not indeed by agreement of the parties but by command of the judges—we tolerate it with this moderation employed: that not the dignity of the priorship but the person of the prior remain burdened with the payment of forty pounds, lest perhaps [even] concerning the revenues some division of the priorship seem to have been made, such that, when that prior is dead, his successor is in no way bound to the payment of forty pounds. [Given at Rome, at Saint Peter's, on the seventh day before the Ides of February, in the ninth year, 1207.]

Latin source headnote: Canons privileged by the Pope concerning a certain number, if they voluntarily received someone beyond the number, cannot use the exception of number against those obtaining provision from the Pope.

The same, to the Bishop of Valence and the Abbot of Vatian.

For the provision of those—(And below:) For the beloved son Master P. Audoen., who is known to have made a longer stay at the Apostolic See and had not yet obtained a competent ecclesiastical benefice, although he was suitable to obtain it, by our letters and by way of precept we commanded the Archbishop of Bordeaux to cause a competent benefice to be assigned to Master P. in one of his churches where he recognized it to be expedient for him, every delay and excuse having been set aside, and the obstacle of anyone's contradiction and appeal having been removed, restraining by ecclesiastical severity contradictors who should think rashly to oppose him concerning this. But the archbishop himself, as he intimated to us by his letters, considering the knowledge and probity of the aforesaid master and recognizing him as suitable to obtain such a benefice, after receipt of our mandate, commanded the dean and chapter of Saintes by our authority to admit him as a canon and brother out of reverence for the Apostolic See and to treat him with fraternal charity. And when those canons resisted his requests and our mandates and opposed to him an indulgence concerning a number of forty canons, which they boast that they have from the Apostolic See, because the same archbishop manifestly recognized that they, in elusion of our mandate, were irreverently abusing as their own the indulgence granted to them, and it was clearly established for him that at that time there were not merely forty canons in the same church but more, he invested the aforesaid master with a prebend and canonry of the church of Saintes with your consent and will, brother bishop, and by counsel of prudent men, binding contradictors with the bond of excommunication. (And below:) But because we wish what was providently done by the said archbishop concerning the aforesaid master by our authority to obtain due firmness, through apostolic writings we command and more strictly enjoin your discretion that, if it is established for you that the aforesaid canons did not observe the indulgence they have concerning a certain number of canons and received someone as a canon beyond the established number by their own authority, since they ought not to impose upon us a law that they themselves neglect to observe, you declare that the sentence of excommunication pronounced against them by the aforesaid archbishop is, by our authority, to be observed, with the obstacle of any contradiction and appeal removed, until they receive the often-mentioned master as a canon and take care to assign him those things that pertain to the canonicate, with a stall in choir and a place in chapter.

Latin source headnote: An unbeneficed person having a sufficient patrimony is lawfully promoted to sacred orders.

The same, to the Archbishop of Besançon.

We answer your questions that clerics constituted in minor orders who have from patrimonial goods that from which they can be fittingly sustained, although they have not yet obtained an ecclesiastical benefice, can be promoted by you to higher orders, provided that no other canonical impediment stands in the way. [But monks, etc. (Cf. c. 39, On Witnesses, II. 20.) Given at the Lateran, on the eleventh day before the Kalends of April, in the eleventh year, 1208.]

Latin source headnote: A benefice can be conferred upon an absent person through an intermediary, and it makes no difference whether the absent person is invested through the intermediate person or the intermediate person is invested for the absent person. This it says by joining both interpretations, and it is a noteworthy case and is practiced daily.

The same, to the Bishop of Zamora.

Coming to the Apostolic See, the beloved son B., a brother of the Hospital of Jerusalem, asked us on your behalf whether an absent cleric can, for the sake of studies, be invested with an ecclesiastical benefice, and whether, if an abducted girl, carried into another diocese, consents to her abductor in the face of the Church, a marriage of this kind is to be held lawful. We therefore answer your inquiry thus: that both an absent cleric can be invested with an ecclesiastical benefice through another, or another, rather, for him. And an abducted girl, etc. (Cf. c. 7, On Abduction, V. 17.)

Latin source headnote: If two persons are received simply to one canonicate and prebend, the reception does not hold, even when apostolic authority intervenes. This it says, and it is a noteworthy chapter; therefore always hold it in mind and note it.

The same, to the Bishop of Troyes.

The beloved son P., our cardinal presbyter of the title of Saint Pudentiana, having been appointed auditor for the beloved sons R. [de Avalon], cellarer of Troyes, and R. [de Noa], a cleric, your proctor, the same cellarer proposed before him that, when he freely resigned into the hands of the Archbishop of Reims, then legate of the Apostolic See and intending to provide for his nephew G. in the church of Troyes, the prebend that he held there, the said legate instituted the aforesaid G. and the same cellarer as canons of Troyes, and the chapter of Troyes assigned to both a stall in choir and a place in chapter, and the same archbishop assigned the fruits of the aforesaid prebend to be divided in common until the same G. had obtained the full prebendal stipend of the church, a sentence of excommunication having been promulgated against those who should presume to contravene. The general proctor of your predecessor [of good memory], who was then acting in the regions of Constantinople, afterward approved their reception. The said cellarer is also known [afterward] to have read the lesson and Gospel in his week, and, as a canon of Troyes, was present both at the election of the dean and bishop and at the handling of other business, and obtained through the aforesaid chapter a certain house that was accustomed to be assigned only to a canon. And you, when after your consecration you came to the same church, received him with the other canons to the kiss, although at that time only canons were admitted to the kiss, and for two years you raised no question against him concerning the foregoing. On account of this he petitioned that we deign to restrain you from undue molestation of him concerning this. But the said R., your proctor, proposed in opposition that, when the same cellarer had resigned his prebend into the hands of the aforesaid Archbishop of Reims, the archbishop invested his nephew with one half [of it and the said cellarer with the other] half, [which he still presumes to retain to your prejudice and burden, not permitting you freely to dispose of it as is known to pertain to you. And although our letters concerning this had been obtained to the beloved sons the dean and Masters G. Cornutus, a canon of Paris, and S., a canon of Reims, the cellarer finally appealed to us for the sake of frustration, so that he might burden you with labors and expenses.] The same proctor of yours also proposed in opposition that, since a certain number of canons had formerly been established in the church of Troyes and fortified by oath of the chapter, the aforesaid archbishop, who, although he had been legate in Germany, nevertheless had not been enjoined the office of legation in the province of Sens, could not make an institution of this kind as legate; indeed, even if he had been legate in that province, it was not lawful for the aforesaid legate to institute two canons together to the one individual spiritual right that was vacant there, contrary to the canonical sanctions. For if two persons had one prebend, that would be contrary to the Council of Tours, which forbids the division of prebends. But if, after two persons had been received as canons and brothers, a prebend were given to one alone, the other would remain in expectation contrary to the Lateran Council. Furthermore, although in a church in which there is no certain number of prebends someone can be assumed as a canon even when no prebend is vacant, since he is understood to be elected to a certain right that is newly created by the consent of the electors, is born with the one elected as canon, and ends with the deceased, nevertheless in a church that has a determined number of prebends, when only one individual right is vacant, two cannot be elected together to it, because a spiritual right of this kind cannot be divided or shared between them; although sometimes those to whom the election pertains can by common consent increase the number of prebends by newly creating a certain spiritual right, unless perhaps some statute fortified by oath stood in the way, or one to which confirmation of the Apostolic See had been added, with a clause of prohibition of this kind appended, that, if anything were done contrary to it, it would not be valid. On this account the said proctor asserted that the aforesaid institution was null, since in the church of Troyes, as has been premised, there is a certain number of prebends that the chapter or legate in no way intended to increase or to create any new right, [which he proposed could be inferred from this: that one person was not instituted to the vacant prebend and the other simply, but both were received to the single prebend vacant in the aforesaid manner. Nor could the chapter of Troyes, to which the collation of prebends in no way pertained, or the said proctor of your predecessor approve a reception of this kind, as one attempted contrary to the canons. He said that it likewise in no way prejudiced you that you had admitted the aforesaid cellarer to the kiss among the canons of Troyes or that you had remained silent for some time concerning this business, since at that time you were ignorant of the customs of your church and of those things that had been done less lawfully in it. But to these things the cellarer answered thus: that, since the same archbishop had caused the letters of his legation to be read in the chapter of Troyes and at that time was held by all to be legate, whether he had been legate in that province ought not further to be called into doubt, especially since in the aforesaid letters that you had obtained against him you had thought that the aforesaid archbishop should be named legate. He added further that someone can lawfully be elected to spiritual fraternity as a canon and brother even when no prebend is vacant, adducing as an argument for this a certain decretal letter in which it is read that, when T., a cleric, while no prebend was vacant in the church of Lincoln, had been received as a canon and brother by the bishop and canons of Lincoln through the intervening authority of the aforesaid archbishop, a judge delegated by us, in such a way that he received the fruits of no prebend except in the place of the next one to become vacant, we, considering that the reception of the said T. as a canon and brother did not oppose canonical statutes and that there was no doubt that awaiting a vacant prebend opposed the Lateran Council, disapproving what was unlawful and approving what was lawful, since it seemed unworthy that one who had been received as a canon and brother should be defrauded of the benefice of a prebend, gave a mandate to the bishop and canons of Lincoln that, if the matter stood thus, they take care to assign to the same T. a prebend when the opportunity offered itself. He alleged further that letters of this kind are frequently obtained from the Apostolic See, that in a church in which there is a certain number of prebends, when no prebend is vacant, someone be received as a canon and brother and a prebend be conferred upon him when the opportunity offers itself. Likewise, although the Council of Tours forbids the division of prebends, nevertheless the Roman Church, by approving as canons the reception of those who were assumed to half prebends, sometimes commands that the divided prebends be made whole for them. But it was answered in opposition to this that, although the Roman Pontiff sometimes commands, contrary to the Council of Tours, that a prebend halved as regards temporal revenues be made whole for the one upon whom a vacant spiritual right had been conferred with due integrity, nevertheless, because someone was in fact received to a half prebend of this kind when he could not be so by law, he is in no way accustomed to command that; and from the fullness of power he can grant that someone be received to one spiritual right that is not vacant, utility or necessity having been weighed, as is found in the canon concerning Augustine, who, promoted and consecrated in a new manner, while Bishop Valerius of the church of Hippo remained unharmed, came into the episcopal chair but did not succeed him. And just as it is read in the decretal alleged above concerning a prebend not vacant but nevertheless granted and confirmed by the Roman Pontiff to a certain cleric in the church of Lincoln, and concerning his reception by the executor to that same prebend even though it was not vacant, nevertheless the aforesaid archbishop, even if he had been legate in the province, without at least our special license could not, contrary to the tenor of written law, institute his nephew and the aforesaid cellarer to the one spiritual right that was vacant in the aforesaid church, in which there was a certain number of prebends, since this opposed not only the Council of Tours but also the Lateran Council, especially since he intended neither to create a new right nor to increase the number of prebends, which is gathered from the fact that, after procuring the resignation of the cellarer, he instituted them to the one vacant prebend.] Hence, after we had understood these and other things, we thought that the aforesaid cellarer, who it was established had first freely resigned the prebend, should by definitive sentence be condemned, by counsel of our brothers, to restitution of those things that he held by reason of the aforesaid institution, imposing silence upon him concerning the prebend itself or a part of it, in such a way that through this no prejudice is generated against the aforesaid G., especially since a thing done between others regularly does not prejudice others, according to canonical and lawful sanctions. [Let no one therefore, etc. Given at Rome, at Saint Peter's, on the Kalends of May, in the thirteenth year of our pontificate, 1210.]

Latin source headnote: Two prebends can be made from one vacant prebend if its resources suffice; otherwise the one dividing it is bound to make them whole.

The same.

When a certain prebend in your church was vacant, you constituted two from it and, with the consent of your chapter, assumed two canons to them. When one of them entered at the Apostolic See upon the way of all flesh, the prebend that the deceased had held was obtained by authority of the Apostolic See by a certain cleric named Hippolytus. But since the same Hippolytus troubles you concerning the integrity of the prebend through certain letters of ours, and the other proposes that he has the same right against you, you have asked what you ought to do. Concerning this we have thought that this answer should be given to your fraternity: that, since the statutes of the Council of Tours forbid division of prebends, you are bound to make a whole prebend for each of them from those things that happen to become vacant, unless perhaps for a reasonable cause two were constituted from the aforesaid vacant prebend and the revenues of each are so great that through each, provision has been made for each in a competent benefice. [You, finally, etc. Given at the Lateran, on the sixth day before the Ides of January, in the sixteenth year of our pontificate, 1214.]

Latin source headnote: If the Pope commands a chapter to receive someone as a canon and confer a prebend if any is vacant, and, knowing of the mandate, they confer it upon another, they are compelled to receive the first person and provide for him from the revenues of the church in place of a benefice until he has a prebend.

The same, to the Bishop of Vercelli.

The beloved son G., a cleric, for whose reception as a canon in the church of Novara we had written, who did not obtain through our letters what he intended, against its canons, explained to us by complaint that, when we had sent an apostolic mandate on his behalf to the chapter of Novara that they receive him as a canon and brother, conferring upon him a prebend if any nevertheless was then vacant, they not only were unwilling to fulfill the apostolic mandate but even presumed to assign to another the vacant prebend that we commanded to be conferred upon him. Hence he petitioned us that we deign to execute what we had begun concerning him. But Master Gregory, proctor of the church of Novara, proposed in opposition that, since no prebend was vacant in that church, the aforesaid cleric, coming to the Apostolic See, falsely suggested to us that a prebend was vacant in that church and had procured letters concerning his reception upon a false suggestion. Hence, since a mendacious petitioner ought wholly to lack the things obtained, the same proctor petitioned that the church be absolved from his suit. Therefore, since they litigated longer concerning these things before our beloved son G., cardinal deacon of Saint George at the Golden Veil, whom we gave them as auditor, and the same cardinal diligently reported to us the things that had been proposed before him, through apostolic writings we command your fraternity that, if it is established for you that a prebend was vacant in the church of Novara at the time when the canons of that church received our letters concerning a prebend, since they thought that it should be conferred wholly upon another in elusion of our mandate, you cause the same cleric, if he does not have a sufficient ecclesiastical benefice elsewhere, to be received as a canon by the aforesaid clerics according to the tenor of our former mandate, and competent revenues from that church to be assigned to him each year until he has been provided with a prebendal benefice.

Latin source headnote: One having a personate or a benefice with cure, if he receives a second such benefice, vacates the first; but if he contends to retain it, he will also be deprived of the second. This first. And the one to whom collation of the benefice with cure pertains lawfully confers it immediately when the person instituted receives another; and, if he does not confer it within six months, the collation devolves upon another, and it is otherwise set forth. This second. But concerning eminent and learned persons, the Pope alone dispenses regarding plurality of incompatible benefices. This third. This is what this useful and famous chapter says.

The same, in a general council.

With great providence it was forbidden in the Lateran Council that anyone receive diverse ecclesiastical dignities or several parish churches contrary to the statutes of the sacred canons; otherwise [both] the recipient would lose what was so received, and the one conferring would be deprived of the power of bestowing. But because, on account of presumptions and the cupidities of certain men, no fruit or a rare one has hitherto come from the aforesaid statute, we, desiring to oppose this more clearly and expressly, establish by the present decree that whoever receives some benefice having the cure of souls annexed, if he previously had such a benefice, is by the law itself deprived of it; and if perhaps he contends to retain it, let him also be despoiled of the other. Let the one to whom the donation of the first pertains freely confer it, after reception of the other, upon one to whom he sees it ought deservedly to be conferred; and if he delays beyond six months in conferring it, not only shall its collation devolve upon others according to the statute of the Lateran Council, but he shall also be compelled to assign from his own revenues, for the utility of the church whose benefice it is, as much as it is established was received from it from the time of its vacancy. We decree that this same thing is to be observed in personates, adding that no one presume to have several dignities or personates in the same church, even if they do not have the cure of souls. Nevertheless, concerning eminent and learned persons who are to be honored with greater benefices, when reason has demanded it, dispensation can be made through the Apostolic See.

Latin source headnote: A provincial council suspends from collation of benefices those who, after a second correction, confer benefices upon unworthy persons; it also provides who meanwhile is to confer the benefices, and that suspension is relaxed by the Pope alone or the patriarch alone.

The same, in the same council.

It is exceedingly grave and absurd that certain prelates of churches, although they can promote suitable men to ecclesiastical benefices, do not fear to assume unworthy men, whom neither honorable conduct nor knowledge of letters supports, following the affection of carnality, not the judgment of reason; no one of sound mind is ignorant how great are the losses that come to churches from this. Wishing, therefore, to remedy this disease, we command that, unworthy men having been passed over, they assume suitable men who wish and are able to render pleasing service to God and the churches; and let diligent inquiry concerning this be made annually in the provincial council, so that one who after the first and second correction is found culpable be suspended from conferring benefices by that council, a provident and honorable person being appointed in the same council to supply the defect of the suspended person in conferring benefices. And let this same thing be observed concerning chapters that have offended in these matters. But the offense of a metropolitan is to be left to the judgment of a superior and announced on behalf of the council. But so that this salutary provision may obtain fuller effect, let a sentence of suspension of this kind in no way be relaxed apart from the authority of the Roman Pontiff or of his own patriarch, so that in this matter also the four patriarchal sees may be specially honored.

Latin source headnote: A rector of a church, notwithstanding a custom of the bishop or patron, ought to have a sufficient portion from the revenues of the church. This it says as far as § Who, however. (Who, however, etc.:) A rector not residing in a parish church is deprived of it unless it is annexed to a dignity or prebend, in which case he ought to have a perpetual vicar there. And at the end it forbids, to the prejudice of rectors, a pension from its revenues to be given as a benefice. This it says. Or thus: one not residing in a parish church, or not appointing a vicar when it is annexed to a greater benefice, is deprived of it. This it says.

The same, in the same council.

A vice of custom that is to be extirpated has grown strong in certain regions: namely, that the patrons of parish churches and certain other persons, claiming for themselves [almost] wholly their revenues, leave to the presbyters assigned to their service so meager a portion that they cannot fittingly be sustained from it. For, as we have learned for certain, in some regions parish presbyters obtain for their sustenance only a quarter of a quarter, that is, a sixteenth of the tithes. Hence it happens that in these regions almost no parish priest is found who has any, even slight, learning in letters. Therefore, since the mouth of the ox that treads the grain ought not to be bound, but one who serves the altar ought to live from the altar, we establish that, notwithstanding any custom of the bishop, patron, or any other person, a sufficient portion be assigned to the presbyters themselves. But let one who has a parish church serve it not through a vicar but by himself in the order that the care of that church requires, unless perhaps the parish church is annexed to a dignity or prebend. In this case we grant that the one who has such a prebend or dignity, since he must serve in the greater church, have in the parish church itself a suitable and perpetual vicar canonically instituted who, as has been said, has a fitting portion from the revenues of that church; otherwise, let him know that by authority of this decree he is deprived of it, freely to be conferred upon another who wishes and is able to fulfill what has been said. But we wholly forbid that anyone presume fraudulently to confer upon another as though for a benefice a pension from the revenues of a church that ought to have the cure of its own priest.

Latin source headnote: Religious ought not to receive churches or tithes from laypersons without the consent of the diocesans, admit excommunicated or interdicted persons to divine offices, or institute or remove in churches that do not pertain to them by full right; rather, they will present suitable men to the diocesans for them.

The same, in the same council.

It is known to have been forbidden in the Lateran Council that any regulars presume to receive churches or tithes from the hand of a layperson without the consent of the bishops, or admit excommunicated persons or those interdicted by name in any way to divine offices. But we, forbidding it more strongly, have taken care to punish transgressors by worthy chastisement, establishing nevertheless that, in churches that do not pertain to them by full right, according to the statutes of the same council they present to the bishops the presbyters to be instituted, so that they answer to the bishops for the care of the people but render a competent account to the religious themselves for temporal property; but let them not dare to remove those instituted without consulting the bishops. Indeed, we add that they take care to present those whom either their manner of life renders known or credible testimony of prelates commends.

Latin source headnote: One absent in the study of theology receives the fruits of his benefices in his absence, but not the daily distributions.

Honorius III, to the Abbot and Prior of Saint Geneviève.

Although we directed our writings to you that you cause the ecclesiastical revenues of the beloved son Master N., Archdeacon of York, who desires to study sacred scripture, to be ministered to him in full, nevertheless we do not wish, nor was it our intention, that you cause to be given to him those daily distributions that are furnished only to those residing in the churches and those who are present at the canonical hours.

Latin source headnote: Because of the poverty of the prebends of a cathedral church, chapels can be annexed to them, with a fitting portion reserved for their presbyters.

The same, to the Bishop of Veszprém.

You explained to us, while established in our presence, that the canons of your church, their provision having been diminished from the time of the general council, since from that time chapels have not been granted to them for their sustenance as was accustomed to be done before, cannot be sustained from the revenues of their prebends, since these are exceedingly meager, on account of which several of them, after leaving the same church, are compelled, to the reproach of its clerical body, to bind themselves to the services of others. Hence you humbly supplicated that by our permission it be lawful for you to enlarge their provision from those chapels. But because through this derogation would be made from the statutes of the same council, which we wish to be observed unshaken, we were unable to hear you in this respect. Nevertheless, suffering with paternal affection for their poverty and desiring also to do you a favor as the merit of your devotion demands, by authority of the present letters we commit to your fraternity, in which we have full confidence, that, if manifest necessity or utility demands, you can increase the prebends of your church by chapels to be annexed to them in perpetuity, as with prior discretion you shall see to be expedient, with a fitting portion nevertheless reserved for the presbyters of each chapel. [Let no one therefore, etc. Given at the Lateran, on the fourth day before the Kalends of February, 1225.]

Latin source headnote: Although a church confers a benefice by donation of a layperson, the procurement of that benefice holds even when no mention of this was made.

The same, to the Bishop, Prior, and Archdeacon of Hereford.

The beloved son G., a poor cleric, proposed to us that, when we directed requests and commands to the dean and chapter of the Church of Saint Martin of Angers that they receive him as a canon and brother as soon as the opportunity offered itself, with you given to him as executors concerning this, two prebends meanwhile having become vacant in the aforesaid church, the said cleric insistently petitioned you to execute our mandate concerning him. But because the proctor of the same dean and chapter proposed by way of exception that our letters concerning this were not valid because no mention was made in them that the aforesaid dean had the collation of the prebends of that church by donation of the king, you said by interlocutory decision that you were not executors of our mandate, and thus those two prebends that became vacant in the meantime were conferred upon others, and the said cleric, on account of an occasion of this kind that you seem to have received maliciously, has remained until now frustrated of his provision, on account of which he appealed to our hearing, and you are said to have deferred to his appeal. Therefore, being unwilling that the often-mentioned cleric, frustrated by you of the benefit of our letters, be further suspended, we firmly command you that, notwithstanding an occasion of this kind, which we regard as frivolous, you take care to execute our mandate directed to you on his behalf in such a way, without any difficulty, that because of this he does not have recourse to us further and you cannot be reproved for disobedience, which is compared to idolatry.

Latin source headnote: Children and those otherwise beneficed are not suitable to obtain benefices. This it says, adhering to the words of the letter.

Gregory IX, to the Bishop of Strasbourg.

Concerning disordered ordination—(And below:) But since those are to be reputed suitable in churches who can and wish to serve in them, we answer your consultation thus: that children and beneficed persons who cannot serve in the same church ought not to be reputed suitable in it.

Latin source headnote: Another prebend ought not to be divided for the completion of one prebend.

The same, to the Archbishop and Master R. of Tours.

Since we thought that the cause being conducted between the Bishop of Orléans and I. de Blesis, canon of Holy Cross, concerning the completion of the prebend of that canon should be committed to you—(And below:) We answer your consultation thus: that it was not our intention that for the completion of the prebend of the aforesaid canon some prebend should be newly divided.

Latin source headnote: Clerics who are not noble and not of eminent learning ought not for this reason to be repelled from prebends, even in a church that has not been accustomed to admit such persons.

The same.

Our venerable brother the Bishop of Porto supplicated that, since, while he discharged the office of legation in those regions, he conferred upon I., a cleric, a certain prebend that had been vacant in the church of Strasbourg for so long that its donation had devolved upon the Apostolic See, we should pursue his collation with benign affection. But the proctor of the chapter of Strasbourg proposed in opposition that the same chapter, having heard this and alleging an ancient custom inviolably observed, according to which they had until now admitted into their fellowship no one unless noble and free, illustrious from each parent, of honorable manner of life, and of eminent learning, appealed to the Apostolic See before it received monitory or executory letters, lest anything be done contrary to this, especially since no prebend was then vacant. (And below:) We therefore, considering that not nobility of lineage but of virtues and honorable conduct of life make a servant pleasing and suitable to God, for the governance of which he chose not many noble and powerful according to the flesh but ignoble and poor persons, because with him there is no acceptance of persons, and since men of eminent learning can scarcely be found for the summits of dignities, much less for prebends, have not thought that exceptions of this kind should be admitted. (And below:) We command your discretion that, if it is established for you that the aforesaid prebend was vacant when the aforesaid bishop conferred it upon the said I., you cause him to be received to it.

Latin source headnote: If it is commanded that provision be made in a church, provision cannot be made by means of a church.

The same.

Since formerly we gave a mandate to the prior of Saint M. that by apostolic authority he provide for G., a deacon, in some church of the city or diocese of Lucca, the same prior, by authority of this kind, endeavored to designate the aforesaid G. rector of the Church of Saint Peter of Vico, in which the rector has been accustomed to be elected by the clerics of the same church, pronouncing nevertheless a sentence of excommunication against those resisting. Therefore, since a mandate of this kind does not extend to such things, nor is our intention directed to a rectorship or dignity, since our command proceeds for a simple benefice, we command that you declare that both an institution of this kind and the sentence of excommunication pronounced because of it do not hold.