Title XXXIX: On Censuses, Exactions, and Procurations

Latin source headnote: For the endowment of a church to be founded, one mansus, free from every temporal service, ought to be assigned; nevertheless it is bound to ecclesiastical service. But if anything beyond the mansus is conferred upon the church, the church is bound to pay the customary burdens from it. This it says by adhering to the letter.

From the Council at Worms.

It was sanctioned that one entire mansus without any service is to be assigned to each church. And the priests constituted in them are to render no service other than ecclesiastical service from the tithes, the offerings of the faithful, the houses, the yards or gardens situated next to the church, or the aforesaid mansus. And if they possess anything more, from it let them furnish the service owed to their lords.

Latin source headnote: Payment of tribute demonstrates subjection.

Augustine, on the Epistle to the Romans.

“Let every soul be subject to higher powers.” (And below:) And you ought to be subject. For you furnish tribute for this reason, because this is proof of subjection.

Latin source headnote: A bishop cannot impose a new census upon a monastery.

Gregory, to Stephen the Cantor.

Knowing (And below:) The aforesaid abbot also asserted that the priest of the aforesaid Massa wished to impose new customs upon that monastery, which have not existed up to this time during the three-year period since the monastery was founded, [since, if anything has been offered there to God by faithful men by grace of munificence, he asserts that he ought to receive a portion.] We command that, if this did not exist from the beginning, you are not to permit anything new to be imposed even as time passes, [especially since it is of slight substance, etc.]

Latin source headnote: A blind and poor person is not bound to contribute to collections.

The same, to Bishop Constantine.

Although greatly (And below: [cf. c. 1, On the Restitution of the Despoiled, II. 13.]) The aforesaid blind man also said that he too is equally compelled to contribute to collections among the other inhabitants of the city of Genoa. [And we marvel that one who is more worthy of mercy is burdened in your presence.] You are not to permit this to be done, because it is exceedingly inhuman to afflict in a collection one whom his blindness burdens and upon whom, if there were [great] necessity, mercy ought to have been shown from the collections.

Latin source headnote: One seeking a census ought to state its basis.

Paschal II, to Countess Matilda.

It reached us that the Abbot of Fraxinorensis despoiled the church of Carpi by occasion, namely, of a certain census, for what purpose it ought to be paid being unknown. To your inquiry we respond in this way: a census of unknown purpose is found to be defined neither by divine nor by human laws; for it is necessary that it be known beforehand for what purpose and when every census ought to be paid. We therefore command your belovedness to cause the plunder itself to be restored to the church of Carpi, and henceforth not to permit the Abbot of Fraxinorensis or anyone else to trouble it.

Latin source headnote: The council determines the number of mounts that visiting prelates can take with them, and prohibits them from then engaging in hunting and seeking costly banquets. This first, as far as the words “We also prohibit.” — (We prohibit, etc.:) Prelates ought not burden subjects with tallages and exactions; nevertheless, for a just cause, they are permitted to seek moderate aid from them. This it says, as far as “Indeed.” — (Indeed, etc.:) In effect it is said that the number of mounts established at the beginning of the chapter ought not be drawn upon to increase another number previously customary. The Abbot.

From the Lateran Council.

Since the Apostle determined that he and his companions were to be maintained by their own hands so that he might remove an opportunity for preaching from false apostles and not be burdensome to those to whom he preached, it is known to be exceedingly grave and worthy of correction that certain prelates are so burdensome to their subjects in procurations that, for a cause of this kind, the subjects are sometimes compelled to expose ecclesiastical ornaments, and a brief hour consumes the sustenance of a long time. Therefore we establish that archbishops visiting parishes are never to exceed, according to the diversity of the provinces and the means of the churches, the number of forty or fifty mounts; bishops, however, twenty or thirty; cardinals, however, twenty-five; archdeacons, five or seven; and deans constituted under bishops are to be content with two horses. Nor are they to travel with hunting dogs and birds, but are so to proceed that they appear to seek not the things that are their own but those of Jesus Christ. Nor are they to seek costly banquets, but with thanksgiving receive what has been ministered to them honorably and suitably.

We also prohibit bishops from presuming to burden their subjects with tallages and exactions. Yet for the many necessities that sometimes supervene, we tolerate that, if a manifest and reasonable cause exists, they may be able with charity to petition moderate aid from them. For since the Apostle says, “Children ought not lay up treasure for parents, but parents for children,” it appears very far from paternal piety if superiors are burdensome to their subjects, whom they ought to cherish after the manner of a shepherd in all necessities. But archdeacons or deans are to presume to exercise no exactions or tallages against priests or clerics.

Indeed, what has been said by way of toleration concerning the aforesaid number of mounts can be observed in those places in which revenues and ecclesiastical means are more ample. But in poorer places we will such a measure to be kept that lesser persons do not deservedly grieve that they are burdened by the arrival of greater persons. Nor, under such an indulgence, are those who have hitherto been accustomed to use fewer horses to believe that the power of using more has been granted to them.

Latin source headnote: A new census cannot be imposed upon churches, nor can an old one be increased. This it says, and it is one of the more principal chapters of this title.

From the same council.

We prohibit furthermore that new censuses be imposed upon churches by abbots, bishops, or other prelates, that old ones be increased, or that they presume to appropriate a part of the revenues to their own uses; rather, let superiors preserve with good will for their inferiors also the liberty that they desire to preserve for themselves. But if anyone acts otherwise, let what he did be held void.

Latin source headnote: A prelate or rector of a church cannot, especially after death, make his church subject to a census by his own authority.

Alexander III, to the Bishop of Worcester.

Furthermore, concerning those who, without the bishop's knowledge, by their own authority have paid or received an annual pension from churches by a certain subterfuge: after their deaths they are in no way to be heard in the receipt of the pension, unless they received from those who, through the bishop or his officials, have authority to institute persons having the right to receive the canon, especially if it is established that the authority and assent of the pontiff or of another who could do this by law did not intervene concerning it. For simple priests or clerics cannot by their own authority make the churches over which they preside subject to census, especially after their own death.

Latin source headnote: It is brief, or in other words is summarized thus: A bishop cannot on this account impose a census upon a church wrested by him from the hand of a layman.

The same, to the Bishop of Chartres.

But upon churches that bishops newly wrest from the hands of laymen, beyond the cathedraticum and all the rights that are imposed upon other churches, we prohibit an exaction from being imposed, since by our decree we generally prohibit churches henceforth from being burdened by new exactions. [To these things, etc.; cf. c. 8, On Testaments, III. 26.]

Latin source headnote: One who imposes new tolls without the prince's consent is deprived of communion.

The same.

We renew (And below: [cf. c. 2, On Truce, I. 34.]) Nor may anyone presume in any way to establish new exactions of tolls against another without the authority and consent of kings and princes, [or to retain those established, or to increase old ones.] But if anyone acts contrary to this and does not desist after being admonished, let him lack Christian communion until he makes satisfaction.

Latin source headnote: One who through collusion makes a church subject to census will be deprived of it.

The same, to the Archbishop of Canterbury and His Suffragans.

When clerics (And below: [cf. c. 6, On Agreements, I. 35.]) To this, because there are certain clerics who, after collusion has been made with religious men, without the authority of the diocesan bishop make the churches that they hold subject to a census in their favor, so that after their deaths the same churches may, through the presentation of the same religious men, be transferred to the sons or nephews of those clerics, we command you by authority of the presents that, if any of your clerics are found to do such things, appeal having been postponed, you are not to defer removing them by apostolic authority from the aforesaid churches, lest they appear to carry away fruit from their fraud or deceit.

Latin source headnote: If collectors burden churches, they ought to be deprived of office.

The same.

Those things that from avarice (And below: [cf. c. 16, On Simony, V. 3.]) Nevertheless, we also enjoin [you] by authority of the presents that, when you visit the churches themselves, you exercise the office of visitation according to what the canons command and not burden the churches by your visitation, so that you may appear to visit them more with a view to instruction and correction than with a desire for feasting. But when you make a collection of denarii throughout your archdeaconries on account of the visitation of blessed Peter, do not burden the aforesaid churches or parishes in making the collection otherwise or more than your predecessors are known to have done in the time of the Roman Pontiffs Innocent and Eugenius of holy memory. But if you presume otherwise, that which you appear to possess will be taken from you.

Latin source headnote: One who receives an oath to pay a new census imposed upon a church is compelled to absolve the person swearing.

Lucius III.

T., rector of the church of Fulsig., signified to us that, when he had been elected to the governance of that church by our beloved sons, the [same] abbot and monks of Castig., he corporally furnished an oath to pay them an annual census of three marks, which his predecessor had paid. Afterward the diocesan bishop, our venerable brother R., Bishop of Worcester, prohibited him, at peril to his order and under threat of anathema, from paying that census to the monks unless it were first established that it had been imposed by episcopal authority. Hence the aforesaid rector fears on this side the guilt of perjury and on that side fears the imminent peril of disobedience. Therefore we command your fraternity through apostolic writings that, the parties having been summoned before you, if it is established that the aforesaid census was imposed by authority of the prelate and not newly, you are to command the bishop by our authority to relax his prohibition without delay. But if the census was newly imposed, whether this was done [by] authority of the bishop or not, appeal having been removed, compel the same monks by ecclesiastical constraint to absolve the cleric from the oath. For we [do not will] nor ought we permit churches to be vexed by the exaction of a new census.

Latin source headnote: An archbishop visiting his province ought to be furnished a procuration even by the monasteries of the province.

The same, to the Archbishop of Ravenna.

Questions settled by the judgment of the Apostolic See are committed to writing for perpetual memory, lest through forgetfulness they be able to be raised over the course of time. Moreover, so that a sentence may have greater firmness, it is strengthened by the protection of an apostolic writing. Indeed, when a controversy was being litigated between you and the monasteries of Bologna, of both monks and nuns, concerning the procurations that you had exacted from them, we committed the cause to our venerable brother H., Bishop of Albano, to be heard. But afterward our beloved son the Abbot of Saint Proculus, proctor of all the others, as appeared from the letters that he carried, and as he himself affirmed by giving faith in the hand of the aforesaid bishop, litigated at length before us and our brothers on behalf of all the other monks, except those of Saint Damian and Saint Bartholomew, who were in no way referring the question concerning this. But he exhibited no privileges of the Roman Church or of Ravenna on his side, nor showed that he was fortified by long custom. But you, firmly asserting that those procurations were furnished to you without contradiction in the other monasteries of your province, proved through suitable witnesses that they were furnished to your predecessors in the monasteries of Bologna. Hence, indeed, after deliberation was held with our brothers, we saw that your intention was aided by common law and the custom of your predecessors. On this account, assenting to your just petitions, with the common consent of our brothers we condemned the aforesaid monasteries to furnish a procuration to you and your successors according to their means.

Latin source headnote: Patrons, even clerical patrons, cannot impose a new census upon a church or increase an old one; and if they exacted oaths or securities concerning this, they are compelled to absolve them.

Clement III.

A very grave complaint, and one most worthy of correction, was recently proposed in our hearing, which with a safe conscience we cannot pass over under dissimulation. When churches happen to become vacant, ecclesiastical persons are unwilling to call anyone to their governance otherwise than by imposing a new census upon those churches or increasing an old one contrary to the constitution of the Lateran Council, compelling the priest to be instituted to its payment by an occasional caution through oath or surety; they also strive to apply a certain part of the revenues to their own uses. Hence it often happens that, while the diocesan bishop is ignorant of excesses of this kind, or while he is in no way consulted, they introduce priests into those churches according to the judgment of their own will. Therefore, because we neither will nor ought to permit the constitutions of the aforesaid council to be violated by the injury of any persons, we command and enjoin your discretion through apostolic writings that, when you have been requested concerning this, the parties having been summoned into your presence, revoking as void, contradiction and appeal ceasing, whatever is established to have been attempted by any persons contrary to the aforesaid constitution concerning those churches or their census from the time of that constitution, you are entirely to absolve the churches from the increase of censuses and reduce them to their due condition, and cause the priests whom you know to have furnished unlawful oaths concerning these things to be absolved after suitable satisfaction has been imposed, also canonically punishing those who henceforth presume to act contrary to the form of the canons concerning these things, without preference for any person, the obstacle of appeal having been removed.

Latin source headnote: One who is bound to furnish a procuration to the brothers of some house is obligated to furnish a procuration to all, although their number has now grown; but if he were thereby burdened excessively, provision will be made for him through the office of the judge. This it says according to the more common reading.

Innocent III, to the Abbot and Convent of Bellevaux.

The more devoutly you are bound under the religious habit to serve your Creator, the more solicitously it befits us to provide that the advancement of the monastic order cannot in any way be impeded in you through the weight of an immoderate burden. We learned, as you signified to us, that from the very beginning of the foundation of your house it proceeded from the founder's will that it should liberally furnish one procuration each year to the brothers of Saint Irenaeus, although you hold nothing from them on account of which a procuration of this kind ought to be furnished to them. But at that time, because of the small number of brothers and servants, such a procuration did not burden your house, since it did not exceed the limits of light expenses. But now their number has increased so greatly that scarcely four marks of silver would now suffice for furnishing the procuration, which used to be furnished sufficiently for one. We therefore grant, so that through the care of apostolic solicitude provision may be made in this matter for your burdens, by authority of the presents, that you are not henceforth to be obligated to the aforesaid brothers beyond the first measure in that procuration, but let them be content with those expenses that used to suffice, unless perhaps the means of the church have increased so much that, without burden, when the number of brothers has been increased, the amount of expenses can be extended to discharge the debt of procuration. [Given at Rome, at Saint Peter's, on the Nones of May, in the first year of our pontificate. 1198.]

Latin source headnote: All churches, except those exempt from this by an apostolic privilege, are bound to furnish procurations to legates of the Apostolic See or even its messengers, nor are they aided by prescription in this. This it says as far as “Indeed.” — (Indeed, etc.) It treats of the manner of furnishing procurations to the legates and messengers themselves. The Abbot.

The same, to the Primicerius and Clergy of Milan.

Since our daily burden according to the debt of apostolic service is continual solicitude for all the churches, whenever we cannot personally attend to advancing their affairs, we are compelled to dispatch them through our brothers whom we send from our side, following in this matter the example of him who, after his disciples had been sent into the whole world, himself personally wrought salvation in the midst of the earth. Hence it is that, when we recently held that our beloved son B., cardinal of the title of Saint Peter in Chains and legate of the Apostolic See, should be sent to Lombardy for the affairs of the church, and he, entering your city, exacted procurations [from you] that were accustomed to be furnished to legates and messengers of the Apostolic See, you, not attending to what is said by the Apostle, “If we have sown spiritual things for you, it is no great thing if we reap your carnal things,” appealed to the Apostolic See lest he bind you to the burden of procuration unless he first caused himself to be furnished a procuration by the canons of the greater church; and, as the same cardinal intimated to us through his letters, you were not a little injurious in other matters also. On this account our beloved sons the Provost of Saint Nazarius and A., canon of Saint Stephen, your syndics and proctors, coming to the Apostolic See with our beloved son the Abbot of Saint Vincent, petitioned suppliantly on your behalf that we establish an order and measure concerning these things. Although, because, contumaciously resisting the aforesaid cardinal—or rather us in him—you denied necessities according to the word of the Lord, “He who receives you receives me, and he who rejects you rejects me,” you deserved to be heard not for yourselves but rather against yourselves, nevertheless, because we cannot, even when offended, put aside the paternal affection by which it is proper for us always to pity and spare through the clemency of the Roman See, with the counsel of our brothers we respond to your petition in matters of this kind in this way: since all churches are bound to furnish procurations to legates and messengers of the Apostolic See, we will that no church at all be excused from furnishing them unless perhaps it is exempt by special privilege of the Apostolic See, which we do not believe, even if for a very long time it has not furnished the service of procuration, since prescription cannot vindicate a place for itself in such things, because we never cease altogether from the provision of pastoral solicitude concerning all churches.

Indeed, in exacting these things we will such manner and order to be observed that no church or prelate may reasonably complain of being unduly burdened. But if you determine that the expenses of our legates and messengers are to be made from a common collection—which we have not considered should be prohibited to you—we will that from this no prejudice be generated against us or ours that would prevent them from petitioning from whomever they prefer the procurations owed to them, in such a way that, if the person from whom it is exacted has been burdened beyond his means, it is to be restored to him by the others. Nevertheless, whoever is requested is to obey our messengers in furnishing necessary expenses humbly and devoutly, yet in such a way that nothing at all is attempted fraudulently and they are not compelled, if they are unwilling, to receive the service of procuration through common ministers. But those who decide to resist them contumaciously are to be compelled by ecclesiastical constraint, every appeal having been entirely removed. [But concerning the injuries, etc. Given at the Lateran, on the twelfth day before the Kalends of March. 1199.]

Latin source headnote: If what is owed from a vow is customarily paid according to a single measure, it will have to be paid according to that measure in the future; but if according to different measures, the person paying will be discharged even according to the smaller.

The same, to the Bishops of Zamora and Salamanca.

It was proposed before us on the part of our venerable brother the Archbishop of Compostela that, although those who continuously paid the vows of blessed James have hitherto paid and do pay them according to the common measure of their land, with which, namely, they buy and sell, certain persons, because in times long past they ceased from paying them, now, having been compelled through you by authority of the Apostolic See to pay them, exhibit a certain very small and unknown measure, not even deputed to common uses, and endeavor to pay the aforesaid vows according to it. Hence you petitioned us to deign to render you certain concerning this: whether those who exhibit the unknown measure are to be compelled to pay the aforesaid vows according to the common measure of their land, in accordance with what those who paid them continuously did. Therefore, since it is not established according to what measure their predecessors paid the aforesaid vows, we believe a distinction is to be made: whether the inhabitants of that region who paid them continuously paid vows of this kind according to one and the same measure, or according to varied and different ones. For in the first case those persons also are to be compelled to pay according to the same measure. In the second, those wishing to pay according to the smaller are certainly not to be compelled to pay according to the greater, because, since vows of this kind were gratuitous from the beginning, they are to be exacted more benignly by ecclesiastical men, lest they appear as exactors to gape excessively after temporal gains. [Given at Rome, at Saint Peter's, on the tenth day before the Kalends of April, in the ninth year. 1206.]

Latin source headnote: Churches are bound to answer to the bishop in whose diocese they are concerning procurations, the fourth of tithes, and other episcopal rights. This it says with regard to the title.

The same, to the Bishop of Zaragoza.

When formerly [*you had sent your complaint to our ears that our beloved son the Abbot of San Juan de la Peña was defrauding you in many ways of the fourths of the tithes that you ought to receive in the churches of Luna and Taust., we held that the cause itself should be committed to our beloved sons ...., Provost of Jaca, and P... of Montearagón, Archdeacon of Tarazona. In their presence your party petitioned that the abbot pay you without diminution a fourth of all tithes, which you were accustomed to receive in the aforesaid churches. Against this it was responded on behalf of the abbot that, since the aforesaid churches pertain to the monastery by full right, you could vindicate no right in them. But on your part it was proposed to the contrary that both the fourth of the tithe and other episcopal rights pertained to you in many ways in the aforesaid churches, since, indeed, because those churches are constituted in your diocese, by common law you can seek in them both the fourth of the tithe and other episcopal rights. You also proposed a composition entered into between your church and the monastery of Peña through the mediation of B., Archbishop of Tarragona of good memory, and R., Count of Barcelona, through which you affirmed that both a supper and the fourth of the tithe and other episcopal rights belonged to you in those churches. To prove this you presented an authentic instrument, asserting that the same composition was confirmed by authority of Pope Alexander III of good memory, our predecessor, as is perceived to be contained in his authentic instrument. You likewise firmly introduced another composition entered into through the mediation of G., Bishop of Pamplona of good memory, and our beloved sons F. de Otiien and D., monk of Saint John, through which you asserted that the fourth was owed to you, exhibiting a public instrument concerning it. Also, to strengthen your intention more forcefully, you alleged a prescription of forty years, asserting that, even if you had no other aids of defense, a right of receiving the fourth of the often-mentioned tithe had been acquired for you through a span of long time.

But on the abbot's part it was responded to these things that the aforesaid churches pertain by full right, according to common law, to the monastery of Peña; since King Sancho of Aragon of illustrious memory merited to obtain an indulgence from the Apostolic See that, if it happened that any places in his kingdom were newly populated or liberated from the hands of the Saracens, he might freely grant the churches to be constructed in them to whomever he wished. And when he had afterward brought inhabitants into the castle of Luna, he conferred upon the monastery of Peña the churches of Luna and Taust. constructed there; to prove these things, the abbot produced instruments drawn up concerning the aforesaid donations. Peter, Bishop of Pamplona of good memory, in whose diocese the aforesaid churches were said to be constituted, also granted them to the aforesaid monastery with tithes and other episcopal rights, as is contained in the authentic instrument of the same bishop; and to prove this the aforesaid abbot introduced witnesses that those churches are constituted in the diocese of Pamplona. The same abbot also proposed that García of good memory, your predecessor, granted those churches to his monastery with every episcopal right except the consecrations of basilicas and certain other things that are more fully contained in the authentic instrument drawn up thereupon, on account of which the abbot himself responded that by law you could seek nothing in the aforesaid churches.

Furthermore, the monastery's party proposed that both the first and the second composition proposed on your part were to be rejected for this reason: because each composition was violently extorted through coercion and fear of a secular prince, which it endeavored to show through the depositions of witnesses. It nevertheless alleged that the confirmation obtained concerning so unlawful a composition could not bring you the benefit of defense, since through confirmation a right is by no means acquired, but one already acquired is preserved more securely. Against the forty-year prescription that you took care to allege, the monastery's party responded that a prescription of this kind, even if it had been proved, was shown by this to have been interrupted many times: because, on account of the frequent controversies arising concerning those churches, it is proved that two compositions were interposed within periods of forty years. Furthermore, since according to the canonical sanctions the periods of one who unlawfully transacts or alienates ought to be deducted from prescription, it is established that the forty-year prescription was in no way completed if the periods during which the abbot who unlawfully transacted afterward lived are subtracted.

To these things it was firmly replied on your part that the aforesaid indulgence alleged to have been granted to King Sancho was never presented in the judgment; but even if it had been exhibited or most certain proof of it had been made, it could generate no prejudice against you, since the abbot himself had confessed at law before us that the same indulgence was granted to the aforesaid king saving episcopal right, and he asserted that he had confessed this same thing before the delegated judges. Moreover, your party proposed steadfastly that the donation of the Bishop of Pamplona could not prejudice you, since it was not sufficiently shown through witnesses that the aforesaid churches were constituted in his diocese. Against the donation of your predecessor it was responded on your part that, since the abbot, interrogated at law, responded that the same predecessor had not had power to confer those spiritual things, it is unworthy that he obtain an advantage by occasion of the instrument that he did not blush to impugn in the judgment; especially since it was in no way established that it was authentic, and most especially since, after that donation is proposed to have been made, it is certain that for those churches the monastery itself answered to your church for many periods of time in tithes and other episcopal rights. But also concerning the fear through which the above-named compositions are proposed to have been interposed, your party proposed that the abbot himself was in no way to be heard. For even if it were established that fear was applied at the time of the composition, nevertheless, because spontaneous and free payment of both the tithe and the other episcopal rights afterward followed, the same abbot could not reasonably excuse himself under pretext of coercion.*]

After these and other things that were proposed before the aforesaid judges and before us had been more fully understood, because full proof was made for us that the churches of Luna and Bes. are constituted in your diocese—not only through other things, but even through this very thing, which is contained expressly in the instruments of the compositions: that the Abbot of San Juan de la Peña ought to answer to you both concerning the fourth of the tithes, concerning which alone he asserted that violence had been done, and concerning the other episcopal rights, [concerning which he did not complain that any violence had been inflicted upon him]—with the counsel of our brothers, we condemn the abbot himself to full payment of the fourth of all tithes, no deductions having been made, and to the furnishing of procurations and of other episcopal rights in the aforesaid churches. For although according to the form of the second composition some deductions were to be made, nevertheless, because the same abbot in no way approved that composition but endeavored to impugn it in many ways, he ought not to obtain a benefit from that which he appeared tacitly to have renounced. It was furthermore discordant for him to deny that the church was constituted in your diocese concerning which he showed at law that the instruments of your predecessor had granted it to his monastery, through which he expressly sought episcopal right. [Given at Ferentino, on the second day before the Nones of August, in the ninth year. 1206.]

Latin source headnote: Censuses are to be paid in the old coinage in which they were instituted, unless payment in another coinage has been prescribed. This it says; it is a notable and very frequently allegeable case.

The same, to the Bishop of Spoleto.

Formerly we committed to our venerable brother the Bishop of Todi and his colleagues for determination the cause that you proposed against the clerics of the parish of Rupina concerning the synodaticum. Before them it was proposed on your part that, although the same clerics formerly paid your predecessors three Pavia denarii on the feast of the Nativity and three on the feast of the Lord's Resurrection for the synodaticum, they now paid only three Lucca denarii for each Pavia denarius, although one Pavia denarius is worth six Lucca denarii. Hence you petitioned that they be compelled to payment in Pavia denarii, by our authority, namely, for this, since, although you received those Lucca denarii in the first year, you nevertheless always thereafter protested your right. But the party of the clerics proposed to the contrary that, although Pavia denarii had at one time been paid to your predecessors for the synodaticum, for forty-five years and less they had paid Lucca denarii both to you and to others, and thus they endeavored to protect their party by prescription. (And below:) We therefore granted to James, your proctor, and John the priest, proctor of the opposing party, our beloved son P., cardinal priest of the Basilica of the Twelve Apostles, as auditor. When they were unwilling or unable to propose anything new before him, because renunciation had been made on both sides, and when he had reported all the proceedings in our presence and that of our brothers, we understood that it had been proved through your witnesses that in the time of Lothair of good memory, your predecessor, and also after his death, Pavia denarii had been paid for the synodaticum, and that thereafter three Lucca denarii, two of which were worth five of those now in use, had been furnished for some time. And because a period of thirty-three or thirty-four or thirty-five years has elapsed since the time of Lothair, we also inspected the statements of the opposing party's witnesses, through whom it wished to prove that for forty years and less three Lucca denarii or three medaliae had been paid as synodaticum for each Pavia denarius, although Pavia denarii had been paid previously. The advocate of that party had also confessed at law—and his confession was reduced to writing and was neither corrected nor revoked by the aforesaid clerics—that the same clerics, in the times of Henry and Lothair, your predecessors, paid three Pavia denarii as synodaticum twice a year, and thereafter three Lucca denarii for each Pavia denarius. Since, therefore, it is established for us fully through the witnesses of both parties that Pavia denarii were formerly paid for the synodaticum—which also follows from the fact that Lucca denarii were afterward paid in their place—since from the statements of your witnesses and the confession of the other party's advocate, not afterward revoked, it appears clearly that in the time of L., your predecessor, Pavia coinage was paid for the synodaticum; since it is held from the attestations of both parties that no more than thirty-six years have elapsed since the time of the said L.; and since through your witnesses it has been lawfully proved that the three Lucca denarii that were paid for one Pavia denarius after the death of L. were worth five or six of those now in use: understanding from this that through debasement of the coinage it happened that Lucca denarii, as they were in use, were given for the synodaticum down to your time, with the counsel of our brothers, by definitive sentence we condemn the proctor of the opposing party, in the name of the clerics of the aforesaid parish, to pay you Pavia denarii or their value for the synodaticum.

Latin source headnote: A bishop who remits to a church the services that it owed him and establishes that another service is not to be imposed is not understood to have remitted a procuration.

The same, to the Prior of Saint Stephen.

When our venerable brother [M.], Bishop of Fano, and you were constituted in our presence and wished to litigate with one another concerning the question that was being litigated between you over the church of Saint Stephen of Fano, we granted you as auditors our beloved sons John, cardinal priest of the title of Saint Prisca, and John, cardinal deacon of Santa Maria in Cosmedin. Before them you took care to allege in opposition that, when the aforesaid church of Saint Stephen had been reduced almost to desolation through the malice of certain nuns who appeared to dwell in it under the religious habit, C., Bishop of Fano of good memory, by authority of Pope Eugenius of happy memory, our predecessor, removed them from the aforesaid church and instituted canons regular in it, establishing that the canonical order ought to be observed there in perpetuity; and he entirely absolved it from every exaction both of himself and of his successors and of the church of Fano, reserving to himself and his church one candle of three pounds to be paid by it each year. [And because the aforesaid bishop burdened you in many ways concerning the aforesaid liberty, which was confirmed both by Pope Celestine of happy memory, our predecessor, and also by us, you petitioned that apostolic protection assist you. But the aforesaid bishop proposed to the contrary that the privilege of his aforesaid predecessor inflicted no prejudice upon himself and his church, because at the time when he granted it to the aforesaid church he had renounced the episcopate and had received the regular habit in that church, and, repenting after three days, revoked that privilege. Furthermore, you and the canons of that church did not use that privilege, but, just as before the privilege was granted, so also afterward, you took care to furnish all services without any difficulty to all the successors of that bishop, and especially to himself, in hospitality down to the present time. He asserted that the confirmation of our aforesaid predecessor had been elicited by surreption and concealed until now; on account of which, if perhaps the church of Fano had been injured in any respect, he humbly petitioned that restitution be made to it. But you took care to respond to the proposals in this way: that the privilege itself was valid by law, because the bishop, when he granted it, had neither resigned the episcopate nor received the regular habit, and had granted it by the will of his canons, as would appear clearly from the same instrument, in which the names of the canons of the church of Fano are subscribed, and which was given in the palace of Fano, as is expressly contained in it.] But when the said cardinals had faithfully reported to us the things they had heard, and the said instrument had been diligently inspected, in truth we recognized that the aforesaid bishop remitted to the aforesaid church the spallae that both he and his predecessors had been accustomed to receive from that church, and established that he would not impose another service upon it, reserving to himself and his church annually, under the name of a pension, a candle of three pounds. Therefore, because a procuration is annexed to visitation, since no one ought to serve as a soldier at his own expense, nor ought the mouth of the ox that treads out grain to be muzzled, and because the bishop, by reason of the episcopal jurisdiction that he has in it, is bound to visit the aforesaid church for the sake of correction, and that which was imposed by common law from the foundation itself is not understood to be imposed as something new, with the counsel of our brothers we decree that the same bishop, when he approaches that church for the sake of correction, is to receive a moderate procuration from it twice a year; but the same bishop is to presume to exact or extort nothing else from that church beyond the aforesaid pension and procurations. [We therefore decree, etc. Given at Anagni, on the fifth day before the Kalends of March. 1204.]

Latin source headnote: Churches newly converted will observe the custom of neighboring churches in procurations and other matters.

The same, to the Archbishop of Compostela.

Concerning that on which your fraternity wished to consult us—namely, because almost the whole province of Compostela has newly been converted to the jurisdiction of your church, in what manner it ought to obey and serve you when visiting the province or part of the province, and also to provide procurations, and that we deign to instruct you—we have considered that this response should be given to you in this way: it is bound to observe that which is observed in the neighboring provinces. [Given at Viterbo, on the tenth day before the Kalends of July, in the tenth year. 1207.]

Latin source headnote: Prelates are to be furnished procurations when they visit personally, and they ought then to observe the Lateran Council and devote themselves to preaching, correction, and reformation. Apostolic legates and messengers ought to be furnished procurations only for those days during which they make a stay, and what is exacted contrary to this constitution is restored twofold.

The same, in the general council.

Procurations that are owed by reason of visitation to bishops, archdeacons, or any others, including legates or messengers of the Apostolic See, are in no way to be exacted without manifest and necessary cause except when they personally perform the office of visitation. And then let them observe the moderation of mounts and persons defined in the Lateran Council, with this qualification applied concerning legates and messengers of the Apostolic See: when it is necessary for them to make a necessary stay at some place, lest that place be burdened excessively on their account, let them receive moderate procurations from other churches or persons that have not yet been burdened by their procurations, in such a way that the number of procurations does not exceed the number of days during which they make a stay of this kind; and when one has not sufficed by itself, let two or more be joined into one. Moreover, let those exercising the office of visitation seek not the things that are their own but those of Jesus Christ, devoting themselves to preaching and exhortation, correction and reformation, so that they may bear fruit that does not perish. But whoever attempts to act contrary to this is both to return what he received and to furnish as much again to the church that he burdened in this way.

Latin source headnote: A church, even one situated in a city, is bound to furnish a procuration to a visiting bishop, although it has never furnished him one.

Honorius III, to the Abbots of Tiron and Josaphat.

We received the complaint of our venerable brother the Bishop of Le Mans that, although the cause known to be litigated between him on one side and the abbot and convent of La Couture in the diocese of Le Mans on the other, concerning the procurations that the same bishop seeks from them both in the head and in the members, was committed to you by the Apostolic See with the consent of the parties, the said abbot and convent endeavor to frustrate the intention of the same bishop on the ground that their monastery is known to be situated in the city of Le Mans and that they have not hitherto paid a procuration, although they show no privilege of exemption and common right belongs to the same bishop. Wishing, therefore, that an end be imposed upon the lawsuits, we command your discretion that, unless the said abbot and convent show something else reasonable and prove why they ought not to furnish the aforesaid things to the bishop himself, you are to compel them to furnish it as right shall dictate, according to the tenor of the former apostolic letters, reason having been considered.

Latin source headnote: One who visits a province by metropolitan right or by right of legation can pronounce a sentence against provincials who deny him procurations.

Gregory IX.

When recently the Archbishop of Benevento was visiting the province of Benevento (And below:), we command that, when it happens that the same archbishop visits the province of Benevento either by his own authority or by ours, you furnish him the procurations owed by reason of visitation according to the means of your churches. Otherwise, we will hold ratified the sentence that he lawfully pronounces against the rebellious and, with the Lord as author, will cause it to be inviolably observed.

Latin source headnote: Old pensions are to be paid in the old coinage or, if it is not in use, at its value.

The same.

Since for some years you have paid to the canons of the greater church a certain sum of money owed as a pension of your church, and the same persons exact that the entire sum be paid to them in better coinage, through our letters we command you to cause those canons to remain content with payment of the former money or, if it is not in use, with the value of the old pension.

Latin source headnote: A procuration by reason of visitation is not owed on account of a private oratory.

The same.

By authority of the presents we prohibit anyone from presuming to exact or extort from you the procurations that are owed by reason of visitation on the ground that some of you sometimes celebrate in the oratories that you have in your granges.