Question III

GRATIAN. PART I. But what a bishop ought to exact under the name of the cathedraticum is read in the Second Council of Braga, [c. 2]:

It was resolved that no bishop, traveling throughout his dioceses, take anything else throughout the churches apart from the honor of his chair, that is, two solidi, nor usurp for himself a third part from any offering of the people made in parochial churches; rather, let it be preserved for the repair of the church and let an account be made to the bishop in individual years. For if the bishop takes that third part, he has taken away the light and sacred roofs of the church. Likewise, let parochial clerics not be compelled in servile fashion to serve the bishop in any works, because it is written: “Not as lording it over the clergy.”

Likewise from the Council at Marech. It was indeed decreed by the ancient canons that the bishop should obtain a third from the parochial churches, although his own resources can most fully suffice for him. It was resolved by this holy council that no bishop of the province of Lusitania presume to take a third from any parochial church, but let those things which he could have obtained from there be used for the repair of basilicas.

Likewise from the Council of Toledo, [XVI, c. 5]. The unity of our assembly decrees and establishes that, if bishops believe that the thirds which the ancient canons judged bishops should have from their parishes are to be exacted, the ruined churches are to be repaired by the bishops themselves. But if they prefer to yield them, the repair of the same basilicas is to be applied by the ministers of those churches under the care and solicitude of their pontiff. But if all the churches have either been unharmed or those which were ruined have been repaired, if each bishop wishes to obtain the thirds owed to him in accordance with the institutions of the ancient canons, he will have complete power to do so, yet in such a way that, apart from those thirds, no bishop exact anything from the parochial churches for royal requisitions, nor presume to give anyone anything from the estates of those churches as a stipend. § 1. But we have also judged it necessary to establish this: that several churches are by no means to be committed to one priest, because by himself he is able neither to discharge the office throughout all the churches nor to expend the necessary care upon their property. We command this under the following reasoning: that a church which has up to ten bondservants shall have a priest over it, but one which has fewer shall be joined to other churches. If any of the bishops despises this institution of ours, let him know that he is punished with excommunication for the space of two months.

Likewise Pelagius to the illustrious Cresconius. We wish you by every means to guard this: that no bishop of Sicily presume to receive more than two solidi under the name of the cathedraticum from the parishes pertaining to him, nor compel the priests or clergy of their parishes to prepare banquets for them beyond their means.

Likewise Pope Gelasius to Bishop Fabian. Nor is it justly believed that a number is to be imposed upon those to be baptized, since as many as have sought it or hastened to regeneration are not to be repelled according to the will of another. And therefore, brother, you will by every means remove a superfluous constitution of this kind, so that each may be baptized either in the church neighboring him or in one chosen according to the judgment of his own mind. Know also that the cathedraticum is to be exacted from the priest of that place no further than shall be established to belong to ancient custom, and concerning those things which on the day of dedication shall have been conferred by the devotion of those making offerings, you will preserve the custom which is generally prescribed for all churches. PART II. GRATIAN. The cathedraticum which by these authorities bishops are permitted to exact is to be understood as apart from the half or third part of the offerings which, according to the varied custom of the churches, is owed to the bishop by the foregoing authorities; nor is that part to be understood generally concerning all offerings, but either those of the anniversary of dedication or also those of certain solemn days, according to what shall have been agreed between the bishop and the priest at the time of dedication. But concerning those bishops who rage cruelly through their parishes, it was established thus in the Third Council of Toledo, [c. 20]:

Because we have learned that bishops rage through their parishes not in a priestly manner but cruelly, and since it is written, “Be an example to the flock, not as lording it over the clergy,” but they inflict exactions or losses upon their diocese, we therefore judge that—except for what the constitutions of the ancients command bishops to have from the parishes—the other things which have hitherto been presumed be denied to them; that is, let neither priests nor deacons be wearied by forced services or any assessments, lest we appear to be called exactors rather than pontiffs of God in the church of God. But let those clerics, both local and diocesan, who know themselves to be burdened by the bishop not delay in carrying their complaints to the metropolitan, and let the metropolitan not delay in turning away presumptions of this kind.

Likewise from the Second Council of Chalon, [c. 14]. Certainly care must be taken lest, when bishops travel through their parishes, they exercise a certain tyranny not only toward subjects but also toward associates; lest—which God forbid—they exact provisions from them not with charity but with a certain rashness of boasting, nor with the giving of thanks but with a certain judicial contrivance. It must by every means be observed that, if at any time the necessity of traveling through the parishes falls upon them, they apply themselves, in confirming men, inquiring into matters worthy of amendment, preaching the word of God, and gaining souls, rather than in plundering and despoiling men and scandalizing brothers. And if at any time something is to be received by them from their subjects or brothers for carrying out their ministry, they ought above all to observe this: that they scandalize or burden no one. Such discretion, therefore, is to be maintained in this matter that a preacher of the word of God, where his own resources are lacking, receives from the brothers, and the same brothers are not burdened by his power, after the example of the apostle Paul, who, lest he burden anyone, sought his sustenance by craft and by his hands.

Likewise from the Eighth Council of Toledo, [c. 4]. Finally, among the other things which it fittingly became us to consider by common consent, it was also fitting most carefully to discern the complaints of the parochial priests of the province of Galicia, which necessity, as we have learned, finally compelled to be brought to public examination against the rapacity of their pontiffs. For these pontiffs, as a manifest inquiry disclosed, burdening the parochial churches with indiscriminate governance, while they frequently persist in superfluous exactions, are proved to have brought certain basilicas almost to the emptying of their last strength. Therefore, lest what is established to have hitherto been presumed inordinately be done henceforth, let each bishop of the aforesaid province request that no more than two solidi be furnished to him by an annual payment throughout the individual dioceses or basilicas, in accordance with the Synod of Braga, yet with the basilicas of monasteries separated from the expense of this payment. § 1. But when a bishop visits a diocese, let him be burdensome to no one through the multitude of his company, nor ever exceed a number of fifty for his transport, or have permission to remain in each basilica for more than one day. § 2. But whichever of the same pontiffs presumes that action is to be taken otherwise than we have decreed will without doubt lie under the correction of the canons, as a transgressor of synodal constitutions and a corrupter of the edicts of the ancient Fathers.

Likewise Gregory to the Bishops of Sicily, [book XI, letter 20]. It was reported to us that, in the times of my predecessor of holy memory, it was arranged through the deacon Servusdei, who then exercised care for the ecclesiastical patrimony, that the priests established throughout all your dioceses ought by no means to be burdened beyond measure whenever you go forth to sign infants. For a sum had been fixed, with you consenting, as I hear, which ought to be given by those priests for the labor of the clerics. And what was resolved then, as is now said, is by no means observed. Hence I admonish your fraternity not to endeavor to be burdensome to your subjects.

Likewise Pope Pelagius to the illustrious Cresconius. We by no means wish your greatness to be ignorant that the Bishop of the city of Syracuse, among the other things which he pledged on the page of his guarantees, is read also to have specially promised this under the interposition of a lawful penalty: that he would never seek from any priest of his diocese more than two solidi under the name of the cathedraticum, nor through any other occasion would he do anything to his detriment. Let your greatness not cease to guard this with competent solicitude not only concerning the aforesaid bishop but concerning the persons of all the bishops of Sicily; nor let the dinners themselves be made enormous, but let a banquet of reception be prepared for each bishop who comes for confirmation according to the modest means of the place, because we neither wish losses to be inflicted upon the poor under that pretext nor permit it under any reasoning.