Title XIX: On Exchange of Things

Latin source headnote: A prince can acquire immovable property of a church by exchange, after giving better or equal property. This it says, and in what it says, “or equal,” there is a notable case.

From the Council at Silvanum.

If a prince wishes to furnish immovable property to holy places and receive from them another immovable thing, and in that manner contract an exchange by common will, it is lawful for him to do this if a reasonable cause requires it and the thing that he furnishes is greater or equal, a divine pragmatic sanction concerning this having been promulgated by him.

Latin source headnote: An exchange of ecclesiastical property made in a case not permitted, or without observance of the solemnity of law, is to be revoked by a successor.

From the Council of Beauvais.

Let exchanges of ecclesiastical property be guarded against greatly and, if in any way they ought to be made, inspected most subtly; but those that were made imprudently by a predecessor according to the canonical decree of Pope Hilary, or were unlawfully committed by others, shall be corrected by the one who is successor.

Latin source headnote: Slaves of a church ought not to be exchanged except for freedom, or unless they are fugitives. This it says together with the following chapter.

From the Council at Senlis.

It is not fitting that ecclesiastical slaves be exchanged except for freedom, namely, so that the slaves who are given for an ecclesiastical man remain in servitude to the church, and the ecclesiastical man who is exchanged enjoy perpetual freedom. For that which has once been consecrated to God ought not now to be transferred to human uses.

Latin source headnote: Slaves of a church cannot be exchanged with profane persons or alienated unless they are fugitives.

From the same.

It appears unjust and impious that slaves whom faithful men or women consecrated to God and his saints for the remedy of their soul should, for slavery to any gift or by commerce of exchange, again be reduced to the servitude of secular persons, since canonical authority permits only fugitive slaves to be sold. Therefore let all rectors of churches take the greatest care lest the alms of one become the sin of another. And it is absurd that a slave departing from ecclesiastical dignity should be subject to human servitude.

Latin source headnote: Prebends cannot be exchanged when an agreement precedes; nevertheless, a bishop can exchange persons from place to place.

Urban III.

It was asked on your behalf whether exchanges of prebends can be made, since exchange of dignities was interdicted in the Council of Tours. For there are certain persons who yield their prebend and renounce their right so that they may obtain a greater prebend or thereby obtain a certain sum of money, which indeed is contrary to honor and undoubtedly contains simoniacal depravity. Therefore hold generally that exchanges of prebends cannot be made by law, especially when an agreement has been sent beforehand, which concerning spiritual things or things connected with spiritual ones always contains the stain of simony. But if the bishop has inspected a necessary cause, he will lawfully be able to transfer persons from one place to another, so that those who are less useful to one place may be able to exercise themselves more usefully elsewhere.

Latin source headnote: Churches can be exchanged with one another by right of ownership, and their possessions can also be exchanged, and a price can be supplied for those of lesser value.

Clement III.

For resolving questions [that are extended to the Apostolic See by our brothers and fellow bishops, it befits us to apply solicitude according to the duty of our office.] We have understood therefore from your letters that two conventual churches are constituted in your diocese, each of which has a parish church with possessions nearer to the other than to itself. But because they desire to exchange them, and one of them abounds more by reason of better revenues, and therefore requests that a certain sum of counted money be added to its church so that they may thus be able to arrive at equality of exchange, it was doubted whether this could lawfully be done; for which reason you wished to consult the Apostolic See. Therefore, although we in no way think that the industry of your discretion is ignorant of what is to be done concerning that matter, nevertheless we answer [thus] your prudence: since an exchange can be celebrated concerning the aforesaid parish churches by themselves, and in an exchange of possessions it is not forbidden by itself, if one outweighs the other by reason of possessions, for money to be refunded also from their possessions to one another, as shall appear expedient, a contract of exchange can be entered after a certain quantity of money has been refunded, yet in such a way that those contracts are in no way mixed with one another.

Latin source headnote: Those who exchange their benefices by their own authority lose them.

Innocent III, to the Archbishop of Sens.

When formerly it came to our hearing that our beloved sons Master S. and B. had exchanged an archdeaconry and a provostship with one another, at the request of that master [B.,] we thought that the cause concerning this should be delegated to the Bishop of Mâcon of good memory. And when that same B. afterward approached our presence, so that the business might proceed without suspicion, at his request we thought that our beloved son the Abbot of Cluny should be joined to that bishop. But because, on account of the abbot's absence, the delegated judges had not proceeded together in the cause, each party presented itself to our sight and obtained a hearing before us. And although the aforesaid master from the beginning voluntarily confessed the exchange, that same B. nevertheless wholly denied it, assertively alleging that both he had resigned the provostship without any condition, and after the free resignation of the aforesaid master had obtained the archdeaconry; although the master himself [G.] alleged in opposition that B. had treated with him at length concerning the exchange and finally completed in the hands of our venerable brother the Bishop of Autun what he had treated. (And below: [cf. c. 33, On the Office of a Delegated Judge, I. 29.]) Therefore, when it was established to us, both through public report and through valid presumption and even manifest proof, that B. himself furnished his assent to the exchange, while the aforesaid master publicly confessed his error, we took care to despoil the one of the provostship and the other of the archdeaconry, issuing concerning this a definitive sentence against them. [But finally, etc. Given at the Lateran, on the Ides of January, in the fifth year. 1203.]

Latin source headnote: If an exchange of benefices has been completed on one side, and it is due to the other that it is not fulfilled, the party is restored to his benefice, and to this extent the law contains this.

The same, to the Archbishop and Provost of Saint Andrew of Cologne.

Since pastoral care of all the faithful has been committed to us by the Lord Jesus Christ himself, it is known to be expedient for our solicitude that we ought so to support all persons in their reasons that the rights of some do not sustain loss in the sight of the church, but ought to remain firm and unimpaired. We have understood, from the report of our beloved son G., a canon of Saint John in Liège, that, when he and the cleric L., led by a certain lightness of mind, began to treat between themselves concerning an exchange of their prebends, which they believed to threaten the utility of each, nevertheless, on occasion of the said exchange, after the prebend of that G., which he had had in the church of Saint Mary of Namur, had been assigned to a certain kinsman of his, that same cleric L. was unwilling to resign his prebend to G. as he had promised, and thus the same G., as he asserts, remained altogether frustrated of his hope. And when there had been litigation concerning this for a long time in the presence of our venerable brother the Bishop of Liège, that same L. finally appealed to the Apostolic See; and when the said G. [approached our presence] not without great danger and labor, the same L. neither came nor took care to send a sufficient respondent on his behalf. Therefore, since the laws assist those deceived and not those deceiving, and fraud and deceit ought to furnish patronage to no one, although by themselves they could not by law exchange ecclesiastical benefices, nevertheless, so that pardon may be granted to simplicity, by apostolic writings we command your discretion that, if it is established that the aforesaid G. was thus deceived, after removing from his prebend, which he is said to have possessed for a long time, the kinsman of L. himself or any other unlawful holder, you cause it, with the obstacle of appeal removed, to be restored to him and cause him to enjoy its peaceful possession [etc.]

Latin source headnote: A spiritual thing cannot be exchanged for a temporal thing.

Gregory IX, to the Abbots of Bél and Pannonhalma.

A petition exhibited to us by [our beloved sons] the abbot and convent of Saint Martin of Pannonia contained that, when concerning the cause disputed between them on one side and the Provost of Alba on the other concerning certain tithes [and a certain arbitral award issued concerning them,] [after diverse commissions to our beloved son E., subdeacon,] they obtained our letters to C., our chaplain then dwelling in Hungary, [finally] he and Master M., [Archdeacon of Sásvár,] to whom on each side, [with the other party procuring it,] the matter was submitted as to arbiters, [thus] arbitrated: if the said provost obtained from [our dearest son in Christ, the illustrious] King of Hungary that ten thousand royal solidi [which they hold at Pressburg] be granted [by him] to the aforesaid monastery, [in such a way that in the same place they should place its aforesaid abbot and convent in possession of the aforesaid salt revenues,] they would cease from seeking the same tithes. [But afterward, although the king himself granted those salt revenues to the said monastery by his letters, nevertheless the aforesaid provost and chapter, neither at the appointed term nor after it, though awaited through many other terms, gave them possession of those salt revenues; although the aforesaid abbot, after first protesting that he had not been inducted into possession by them, induced by the requests of certain persons and compelled by certain threats and terrors, received fifty marks of Friesach money for the revenue of the salt for one year. And when, after a further space of a year had been granted to them, they determined to wait uselessly as before, finally, after manifold complaints, he issued the voice of appeal to us, fixing for himself as a term the octaves of the blessed Apostles Peter and Paul most recently past. Finally constituted in our presence, he humbly supplicated that, since the same provost and chapter had not obeyed the condition contained in the arbitral award, we command, notwithstanding it, that answer be made in full to that monastery concerning the aforesaid tithes.] Therefore, [by apostolic writings we command] your discretion that, if the foregoing is established to you, since an exchange of spiritual things for temporal things is disapproved, you, [by our authority without the loss of delay and with the impediment of appeal removed,] decree invalid the aforesaid arbitral award and whatever followed from it or on account of it, [and afterward concerning the tithes, etc. Given at Rieti, on the thirteenth day before the Kalends of November, in the fifth year. 1231.]