Title — Decretals of Gregory IX
Title XXV: On the Peculium of Clerics
Chapter I
Latin source headnote: What was acquired by a rector of a church who had nothing at the time of his promotion is presumed to have been acquired from the goods of the church.
From the Council of Arles.
It must be investigated, if a priest who possessed no patrimony, when he was promoted to an ecclesiastical order, afterward purchased estates, to whose right they belong, since according to canonical authority they ought to belong to the church to which he was promoted while possessing nothing.
DE PECULIO CLERICORUM.
Quaesitum a rectore ecclesiae, tempore promotionis nihil habente, praesumitur de bonis ecclesiae quaesitum.
Ex concilio Arelatensi.
Investigandum est, si nihil patrimonii habens presbyter, quando promotus est ad ecclesiasticum ordinem, postea emerit praedia, cuius iuris sint, quoniam ecclesiae, ad quam nihil habens promotus est, esse debent iuxta canonicam auctoritatem.
Chapter II
Latin source headnote: Concerning things purchased by a prelate from the goods of the church, an instrument ought to be drawn up in the name of the church; otherwise the prelate ought to be removed from the administration.
From the same.
When a priest holds a diocese, concerning those things that he shall have acquired in addition he shall make a written instrument in the name of that church, or he shall withdraw from the governance of the church which he held.
De emptis per praelatum de bonis ecclesiae debet instrumentum confici nomine ecclesiae; alias debet praelatus ab administratione removeri.
Ex eodem.
Presbyter, quum dioecesim tenet, de eis, quae superemerit, ad ipsius ecclesiae nomen scripturam faciat, aut ab eius, quam tenuit, ecclesiae ordinatione discedat.
Chapter III
Latin source headnote: Things acquired by a bishop after his consecration are to be left to the church.
From an epistle of Pope Pius.
That every priest leave to his own church the things that he shall have acquired after the days of consecration.
Quaesita per episcopum post consecrationem suam ecclesiae relinquenda sunt.
Ex epistola Pii Papae.
Ut unusquisque presbyter res, quas post dies consecrationis acquisierit, propriae ecclesiae relinquat.
Chapter IV
Latin source headnote: Things purchased by a prelate from the emoluments of the church become the church's, although the prelate purchased them in another's name.
From the Council of Rheims.
It must be inquired whether any of the priests purchased property in another's name from the revenues of the church, or from offerings, or from the vows of the faithful, and erected structures there, or placed there things that pertain to the church; [and permitted the frequenting of women to occur there, or, what is more shameful, kept there such women as exercise his benefice and conduct the care of the house, and resorted to, frequented, or remained at their places unbecomingly, since action is taken contrary to the decrees by those by whom it is perpetrated, because just as the same priest, coming frequently, remained. This evil is done contrary to the decrees of the canons,] because, just as neither in his own name, so neither in another's name ought a priest [or anyone under a rule] to practice usury, much less to commit fraud concerning ecclesiastical resources; for this is sacrilege, and equal to the crime [of Ananias and Sapphira and] of Judas the thief, who carried away and stole the sacred offerings [that were being sent for the uses of the faithful and of the poor.]
Empta per praelatum ex emolumentis ecclesiae efficiuntur ecclesiae, licet praelatus emerit nomine alieno.
Ex concilio Remensi.
Inquirendum est, si quis presbyterorum de reditibus ecclesiae, vel oblationibus, vel votis fidelium alieno nomine res comparavit *et ibi structuras fecerit, vel quae ad ecclesiam pertinent ibidem collocaverit; * [et mulierum frequentationem inibi fieri permiserit, vel quod turpius est, tales mulieres ibidem habuerit, quae beneficium suum exerceant et curam domus agant et ad eorum loca incongrue recurrerit, frequentaverit vel manserit, quoniam contra decreta agitur, a quibus perpetratur, quia sicut eodem presbyter frequenter veniens manserit. Contra decreta canonum hoc malum agitur,] quia, sicut nec suo, ita nec alieno nomine presbyter [vel quilibet sub regula] foenus exercere, multo minus fraudem facere de facultatibus ecclesiasticis debet : quoniam hoc sacrilegium est, et par crimini [Ananiae et Sapphirae et] Iudae furis, qui sacras oblationes [quae ad usus fidelium ac pauperum mittebantur] asportabat et furabatur.
Chapter V
Latin source headnote: Improvements made by a prelate to the property of the church are his during his life, even if he relinquishes the benefice; but he cannot make a testament concerning them. This it says according to a sufficiently notable understanding.
From the Council of Toledo.
If any of the clerics is indeed proved to have made small fields or vineyards for himself on the land of the church for the sake of sustaining his life, he may possess them until the day of his death; but after his departure from this light, according to the constitutions of the earlier canons, he shall restore its right to the holy church, nor shall he leave it by testamentary or successory right to any of his heirs or successors, unless perhaps to one upon whom the bishop shall wish to bestow it for services and prestation to the church.
Meliorationes, factae per praelatum in rebus ecclesiae, sunt suae in vita, etiamsi dimittat beneficium; sed de his testari non potest. H. d. secundum intellectum satis notabilem.
Ex concilio Toletano.
Si quis sane clericorum agella vel vincolas in terra ecclesiae sibi fecisse probabitur sustentandae vitae causa, usque ad diem obitus sui possideat; verum post suum de hac luce decessum iuxta priorum canonum constitutiones ius suum ecclesiae sanctae restituat, nec testamentario aut successorio iure cuiquam heredum proheredumve relinquat, nisi forsan cui episcopus pro servitiis ac praestatione ecclesiae largiri voluerit.