Title XLVIII: On Churches to Be Built or Repaired

Latin source headnote: Those having a benefice in a church are held to contribute to its repair.

From the Council of Mainz.

Whoever have an ecclesiastical benefice are altogether to give assistance toward restoring the roofs of the church or repairing the churches themselves, and are to render the ninth and the tenth.

Latin source headnote: Lepers ought to be permitted, without prejudice to ancient parishes, to have their own church and priest, and they are not held to pay tithes from gardens or the nourishment of animals.

From the Lateran Council.

Since the Apostle says that more abundant honor is to be shown to the lower members, certain persons, on the contrary, seeking the things that are their own, not those of Jesus Christ, do not permit lepers, who cannot dwell with the healthy or assemble at church with others, to have churches and cemeteries, nor to be assisted by the ministry of their own priest. Because this is known to be far from Christian piety, from the kindness of the Apostolic See we establish that, wherever so many lepers have been gathered together under a common life that they are able to build a church with a cemetery for themselves and rejoice in their own priest, they are to be permitted to have them without any contradiction. Nevertheless, let them take care that they by no means exist as injurious to old churches in parochial right. For we do not wish that what is conceded to them for the sake of piety redound to the injury of others. We establish also that they are not to be compelled to render tithes from the gardens and nourishment of their animals.

Latin source headnote: On account of the excessive distance of a church, a new church can be built in its parish, and a certain portion from the old one assigned to it.

Alexander III, to the Archbishop of York.

Know that it has come to our hearing that the village which is called H. is said to be so far distant from the parochial church that in wintertime, when the rains overflow, the parishioners cannot approach it without great difficulty, whence they are unable to attend ecclesiastical offices at a suitable time. Therefore, because the said church is said so to abound in revenues that its minister can suitably have support apart from the proceeds of that village, we command your fraternity by apostolic writings that, if the matter is thus, you build a church there and, with the obstacle of appeal removed, institute in it a priest upon the presentation of the rector of the greater church with the canonical assent of the founder, who is to receive for his support the ecclesiastical revenues of the same village; nevertheless providing that suitable honor in it, according to the means of the place, be preserved for the mother church. This indeed appears capable of being done, since the lord of the same village wishes to confer twenty acres of fruitful land for the use of the priest. But if the person of the mother church should delay presenting a suitable man, or should wish to impede that work, you are nevertheless to cause the same work to be brought to completion, and not omit to institute a good man when the subterfuge of appeal has ceased.

Latin source headnote: Rectors of churches can be compelled to be held to contribute, from the revenues which remain over, to the construction or repair of a church.

The same, to the Bishop of Lisieux.

Concerning those indeed who have parochial churches, we have considered that response should be made to your fraternity in this manner: when there is need, they ought to be compelled to contribute to the repair and construction of the churches from the goods which belong to the church itself, if any remain over for them, so that by their example the others may be invited.

Latin source headnote: A secular church can be restored to a regular state without prejudice to the clerics, and a privilege is not conferred upon a college that does not yet exist.

Urban III.

It came to our hearing some time ago that you desire to establish regular canons in the church of Cologia, from which you were called and elected to be bishop, and suitably to provide for their institution from the goods conferred upon you. Hence it is that, commending in the Lord with praises in many ways your desire and purpose, by apostolic authority we grant this to your devotion: that, according to your vow, you may establish regular canons in the aforesaid church, if the diocesan bishop consents to you in this matter, to the honor of God and of your church according to the rule of Blessed Augustine, and institute them there with no one’s contradiction or appeal standing in the way. But if there are secular clerics in it who are known still to survive, we wish the necessities to be provided for them there or elsewhere, according to the customs, as long as they live. Although, moreover, you have petitioned us more insistently that we make a privilege of confirmation concerning the canons for the aforesaid church, we cannot by law defer to you, since no canons as yet exist there to whom a privilege may be conceded. Indeed, when they have been instituted, both in these and in other things in which with God we shall be able, we shall more willingly defer to them in consideration of your prayers.

Latin source headnote: Notwithstanding an oath not to alienate the things of the church, a bishop can build a new church on account of need.

Celestine III.

Your [letter] has led us—(And below:) Furthermore, because, on the occasion of the oath which you assert that you furnished concerning not alienating the things of the church, you fear to erect churches in places of your episcopate in which the peoples dwelling there appear to need oratories very greatly, lest under pretext of new churches the church committed to you appear to be deprived, we command your fraternity by notification of the present letters that, on the occasion of that oath, you by no means omit salubriously to take care to provide for the needy people concerning the establishment of basilicas.