Question I

GRATIAN. PART I. Concerning the first question it is determined thus in the Council of Lérida, [c. 3]:

If any of the laity desires a basilica built by him to be consecrated, let him by no means dare to separate it from diocesan law under the appearance of a monastery where no congregation assembles.

Likewise from the Third Council of Toledo, [c. 19]. Certain persons, contrary to all authority, request churches which they have built to be consecrated in such a way that they judge the endowment which they conferred upon the same church not to pertain to the bishop's ordination. Let what was done in this manner in the past be corrected, so that it may be prohibited from being done in the future, and let all things pertain to the bishop's ordination and power in accordance with the ancient constitution.

Likewise from the Second Council of Chalon. It was decreed that all churches with their endowments, tithes, and all their possessions shall remain under the bishop's power and always pertain to his ordination.

Likewise Leo IV, [in the letter to the Bishops of Britain, c. 2]. Each parish is to be governed under the provision and protection of the bishop through priests or other clerics whom he himself shall have provided with the fear of God; and it appears to pertain to him by right also to travel around, as shall have appeared necessary to him when ecclesiastical utility compels it.

Likewise from the Council of Antioch, [c. 24]. Whatever ecclesiastical property there is ought to be governed and administered with all diligence and the good faith owed to God, who foresees all things and judges all, under the judgment and power of the bishop, to whom the souls of the whole congregation appear to have been committed.

Likewise from the Fourth Council of Toledo, [c. 32]. Let founders of basilicas know that they possess no power over the property which they confer upon those churches, but that, in accordance with the institutions of the canons, just as the church, so also its endowment pertains to the bishop's ordination.

Likewise from the Council of Orléans, [I, c. 17]. Concerning those things which any of the faithful have offered to parishes in lands, vineyards, bondservants, and peculia, let the statutes of the ancient canons be preserved, so that they remain under the bishops' power. Nevertheless, of those things which come to the altar, let a third part be faithfully conveyed to the bishops.

Likewise from the same, [c. 16]. Reading again the ancient canons, we believe that earlier statutes are to be renewed, so that, of those things which are conferred upon the altar as offerings of the faithful, the bishop claims half for himself, and the clergy of the second rank receives half to be administered by it, both from their own estates and from every advantage remaining under the bishops' power.

Likewise from the Council of Toledo. A complaint of the congregations was reported before the holy synod that there are certain bishops who refuse to travel around their parishes during the year to preach or confirm, but who nevertheless demand that those who ought to prepare the lodgings which they would have had to use on the journey redeem them at another price. This twofold infamy of negligence and avarice was a great horror to the holy synod. They therefore established that no one afterward exercise this contrivance of cupidity and that bishops be more solicitous about visiting their flocks.

Likewise from the Council of Tarragona, [c. 8]. We decree that the order of ancient custom be preserved and the dioceses be visited annually by the bishop; and if perhaps any basilica is found destitute, let its ordainer be instructed to repair it, but let a third part from all things be received by the bishops, as we know was established by ancient tradition. PART II. GRATIAN. But if a bishop, impeded by ill health, cannot visit his dioceses personally, let him commit the office of visitation to others. Hence it is read in the Fourth Council of Toledo, [c. 35]:

A bishop ought to travel through all his dioceses and parishes in individual years so that he may inquire into what each basilica needs for its repair. But if he himself, either detained by illness or entangled in other occupations, cannot fulfill this, let him send approved priests or deacons to inquire into the revenues and repairs of the basilicas and the life of those ministering. PART III. GRATIAN. But what visiting bishops ought to inquire from their clerics and what they ought to teach them is read to have been established thus in the Second Council of Braga, [c. 1]:

It was resolved by all the bishops that, as the bishops travel through the individual churches and dioceses, they first examine the clerics as to how they preserve the order of baptism or of Masses and how they perform each office in the church. And if they indeed find it correct, thanks be to God; but if not, they ought to teach the ignorant and by every means command this, as the ancient canons order: that for twenty days before baptism the catechumens submit to the purification of exorcism, in which twenty days the catechumens are above all to be specially taught the creed, which is, “I believe in God the Father almighty.” Therefore, after the bishops have examined or taught their clerics in this way, on another day, when the congregation of that church has been summoned, let them teach them to flee the errors of idols or various crimes, that is, homicide, adultery, perjury, false testimony, and the remaining mortal sins, not to do to another what they do not wish to be done to themselves, and to believe in the resurrection of all and the day of judgment, in which each will receive according to his works. And thus afterward let the bishop depart from that church to another. Likewise Jerome to Pope Damasus, [concerning the offerings of the altar]:

PART IV. Because priests are accustomed to pray for all whose alms and offerings they receive, with what effrontery do laymen presume either themselves to eat the offerings which Christians offer for their sins or to grant them to others, since they ought not by office to pray for the people? For this reason, glorious Pope, it is fitting to send those presumptuous persons into perpetual excommunication, so that others may have fear and these things may no longer be done in the church.

Likewise Pope Callistus [II]. Establishing things consonant with the canons of the holy Fathers, we utterly forbid offerings to be taken away by laymen from the most sacred and most reverend altar of blessed Peter, that of the Savior, and that of Saint Mary Rotunda, or from other altars or crosses of churches; and under the strictness of anathema we prohibit it, and by apostolic authority we prohibit churches from being fortified by laymen or reduced to servitude.

Likewise Pope Damasus. We altogether prohibit this custom which appears to be increasing against the holy catholic Church: that in no way, ever, at any time, are the offerings which are offered within holy Church to be held under the dominion of laymen. Rather, only priests who appear to serve the Lord daily are permitted to eat and drink them, because in the Old Testament the Lord prohibited the sons of Israel from eating the holy loaves, except only Aaron and his sons, who were far from those loaves which are now offered in holy Church, because those men were under the shadow of the law, while those who now, under the grace of the Holy Spirit, with the Gospel shining throughout the whole world, appear to be brighter. With what effrontery or with what conscience do you wish to receive offerings, you who are scarcely able to offer prayers to God for yourselves, much less for others? For one who attempts to do what is granted to him under no reasoning does what is depraved and contrary to the Lord's command and brings harm to his own soul. Because it pleased all the holy Fathers and our predecessors that this sanction be made, we similarly wish to persevere in those same things, so that no one dare make void what was established, if he does not wish to persevere in perpetual condemnation. But if anyone has been a rash presumptuous person contrary to this rule of ours and contrary to the rule of the three hundred holy Fathers who established this in the Council of Nicaea, and has afterward attempted to take offerings from sacred churches, let him be bound and condemned under the bond of anathema. All responded: Let it be done, let it be done. GRATIAN. By the foregoing authorities churches with all their property are shown to pertain to the bishop's ordination, and both the churches and their offerings and resources are proved to be immune from the administration of laymen.