Question — Decretum of Gratian
Question V
GRATIAN. Part I. What is asked in the fifth place—whether it is lawful for him to be in the church or to exercise the order which he obtained by his father's money—is determined by the authority of Urban, who, writing concerning simoniacs, says among other things, [in the Council of Piacenza, c. 5 and those following, and likewise in the Roman Council]:
GRATIANUS. I. Pars. Quod uero quinto loco queritur, an liceat ei esse in ecclesia, uel fungi ordinatione, quam paterna pecunia est assecutus, auctoritate diffinitur Urbani, qui scribens de symoniacis ait inter cetera: [in Concilio Placentino, c. 5. et sequentibus, itemque in Concilio Romano]
Friedberg, col. 423/424
C. I. Concerning little children who buy churches through their parents' covetousness.
Whoever, through their parents' covetousness, obtained churches or parts of churches through money while they were still little children, after they have wholly relinquished them, if they wish to live canonically in them, we concede out of mercy that they may remain there; nor do we remove them from sacred orders because of this deed, if they are otherwise found worthy. § 1. But those who, when they were of adult age, bought them by themselves, led by abominable covetousness, if they wish to live canonically in other churches, we permit out of great mercy that they minister there, their proper orders being preserved. But if perhaps they cannot be transferred to others and promise to live canonically in them, let them be content with minor orders and not approach sacred orders, the authority of the Apostolic See nevertheless being preserved in all things. § 2. Yet if any were catholicly ordained before the purchase, when they have relinquished the things they bought and have conducted a canonical life, let them be permitted in their own grades, unless perhaps the church is of such a kind that they ought to obtain the first place there. For we do not permit them to have the first, sole, or provost's place in churches they bought. Part II. GRATIAN. That he said this not to the prejudice of the canons but from a dispensation of mercy is gathered from an epistle of the same man sent to the priest Vitalis in these words:
C. I. De paruulis, qui cupiditate parentum ecclesias emunt.
Quicumque sane cupiditate parentum, cum adhuc paruuli essent, ecclesias uel ecclesiarum partes per pecunias adepti sunt, postquam eas omnino dimiserint, si canonice in eis uiuere uoluerint, pro misericordia eos ibidem esse concedimus, neque pro hoc facto a sacris ordinibus illos remouemus, si alias digni inueniantur. §. 1. Illi uero, qui per se ipsos, cum maioris etatis essent, nefanda cupiditate ducti eas emerunt, si in aliis ecclesiis canonice uiuere uoluerint, seruatis propriis ordinibus pro magna misericordia ibi eos ministrare permittimus. Quod si ad alias fortassis transferri non poterint, et in eis canonice uiuere promiserint, minoribus ordinibus contenti ad sacros ordines non accedant, salua tamen in omnibus apostolicae sedis auctoritate. §. 2. Si qui tamen ante emptionem catholice ordinati sunt, cum ea, que emerunt, dimiserint, et uitam canonicam egerint, in suis gradibus permittantur, nisi forte eiusmodi ecclesia sit, ut ibi primum locum debeant obtinere. Primum enim, uel singularem, uel prepositurae locum in emptis ecclesiis eos habere non patimur. II. Pars. Gratian. Hoc autem eum non in preiudicium canonum, sed ex misericordiae dispensatione dixisse, ex epistola eiusdem colligitur, missa Vitali Presbitero in hec uerba:
Friedberg, col. 423/424
C. II. Mercy can be shown to simoniacs by preserving their dignity if their life commends them.
Those who bought a church, if the person was of such a kind that his life commends him—namely, that he lives under a rule in a monastery or among canons—we concede, mercifully condescending, that he may minister in the office of his honor, yet without prejudice to the sacred canons. Part III. GRATIAN. From this authority, therefore, it is gathered that ignorance excuses such persons from guilt for the crime, as was said above, but not from the fruit of the purchase, since it is conceded that they may remain in the churches which they obtained by their parents' money only after they have wholly relinquished them and only out of mercy. From this it is apparent that, although the sin of simony was committed without their knowledge, they nevertheless cannot carry off the fruit of their father's purchase. But that they are excused from the crime is apparent from this: they are not removed from sacred orders because of this deed. For if they were participants in that crime, they could not ascend to sacred orders. The same must be understood concerning one who obtained the dignity of the priesthood through money given not to the bishop but to one of his chief men, while both the ordainer and the ordained were ignorant of this. Urban II writes to Albert, Bishop of Metz:
C. II. In dignitate seruanda symoniacis misericordia potest inpendi, si eos uita commendat.
Eos, qui ecclesiam emerunt, si persona talis fuerit, quam uita commendet, uidelicet ut in monasteriis uel canonicis regulariter uiuat, in sui honoris offitio misericorditer condescendendo ministrare concedimus, absque tamen sanctorum canonum preiudicio. III. Pars. Gratian. Ex hac itaque auctoritate colligitur, quod ignorantia tales excusat a reatu criminis, ut supra dictum est, non a fructu emptionis, cum in ecclesiis, quas parentum pecunia adepti sunt, non nisi postquam eas omnino dimiserint et ex misericordia ibidem eis esse conceditur. In quo patet, quod etsi illis ignorantibus symoniae peccatum sit admissum fructum tamen paternae emptionis reportare non possunt. Quod uero a crimine excusentur, hinc patet, quia pro hoc facto a sacris ordinibus non remouentur. Si enim illius criminis participes essent, ad sacros ordines conscendere non possent. Illud idem intelligendum est de eo, qui per pecuniam est adeptus sacerdotii dignitatem, non episcopo, sed cuidam ex principibus eius datam; utroque tamen, ordinatore uidelicet et ordinato, hoc ignorante. Urbanus II. scribit Alberto Metensi Episcopo:
Friedberg, col. 423/424
C. III. Concerning a certain man for whom the negligence of his parents gave money not to the bishop but to one of his chief men.
You indicated that the bearer of the present letter, through money given by the negligence of his parents not to the bishop but to one of his chief men, obtained the dignity of the priesthood against his will. Although the holy canons testify that he is to be deposed, nevertheless, because he committed this fault unknowingly and under compulsion, and because he voluntarily entreated that he be deposed from that order, applying the bowels of mercy from consideration of discretion—which is the mother of all virtues—rather than from the rigor of the canons, we counsel your fraternity that he may remain in that order; yet in such a way that, if the church which he served does not suffer a scarcity of priests, he shall remain suspended from the priestly office. But if perhaps the utility of the church requires that he assume the care of governance, let it be lawful for him, by concession of his bishop and obedience to the brethren, to exercise the priestly office.
C. III. De quodam, pro quo incuria parentum pecuniam dedit non episcopo, sed uni principum eius.
Presentium portitorem, quem parentum incuria, per pecuniam non episcopo, sed cuidam principum eius datam, inuitum sacerdotii dignitatem obtinuisse significasti, licet sancti canones deponendum esse testentur, quia tamen, culpam istam nesciens et coactus commisit, et quia ab eodem ordine ut deponeretur suplicauit ultroneus, ex consideratione discretionis (que mater est omnium uirtutum) magis quam ex rigore canonum, misericordiae uiscera adhibendo, ipsum in eodem ordine esse fraternitati tuae consulimus; ita tamen, ut, si ecclesia illa, cui deseruit, sacerdotum penuriam non patitur, suspensus a sacerdotali offitio permaneat. Quod si fortasse ecclesiae utilitas exegerit, ut curam regiminis assumat, liceat ei ex concessione episcopi sui fratrumque obedientia sacerdotali offitio fungi.
Friedberg, col. 423/424