Question I

GRATIAN. PART I. Clerics are commanded by many authorities to possess nothing. For the Council of Toledo says, [IV, c. 23]:

Every age from adolescence is inclined toward evil. Nothing is more uncertain than the life of adolescents. On this account it was necessary to establish that, if there are any boys or adolescents in the clergy, all shall dwell together in one enclosure of the atrium, so that they may pass the years of their unstable age not in luxury but in ecclesiastical disciplines, assigned to a most approved elder whom they may have both as master of learning and witness of life. § 1. But if any of these are wards, let them be fostered by priestly guardianship, so that both their life may be untouched by crimes and their property by the injury of the impious. But those who resist these commands shall be assigned to monasteries, so that wandering and proud souls may be constrained by a stricter rule.

Likewise Clement in letter IV. Bishop Clement to his most beloved brothers and fellow disciples dwelling at Jerusalem with the most dear brother James and fellow bishop. A common life is necessary for all, brothers, and especially for those who desire to serve God blamelessly and wish to imitate the life of the apostles and their disciples. § 1. For the common use of all things which are in this world ought to have belonged to all men. But through iniquity one said that this was his and another that, and thus division was made among mortals. § 2. Finally, a certain most wise man among the Greeks, knowing that these things are so, says that all things ought to be common among friends. But among “all things” are without doubt even spouses. “And just as the air cannot be divided,” he says, “nor the splendor of the sun, so neither ought the remaining things which were given in common for all to possess be divided, but they ought to be possessed in common.” Hence also the Lord speaks through the Prophet, saying: “Behold how good and how pleasant,” and the rest. § 3. For with the practice of this custom retained, the apostles and their disciples also, as was said before, led a common life together with us and you. For as you well know, the heart of their multitude was one and the soul one, and none among them or us said that anything from what he possessed was his own, but all things were common to them and us, and no one among us was needy. § 4. But all who possessed houses or fields sold them and offered their prices and the remaining things which they possessed, placing them before the feet of the apostles—as certain persons among you recognized and saw together with us—and they distributed to each person according as each had need. § 5. But Ananias, an austere man, and his wife Sapphira, because they lied to the apostles concerning the price of their fields which they had sold, were both, while we were present, carried out dead from the sight of the apostles in the sight of all standing around because of their sin and the falsehood which they committed. Therefore we command you to guard against these things and order you to obey the teachings and examples of the apostles, because those who set aside their commands become not only guilty but also exiles. These things are not only to be guarded against by you, but are also to be preached to all. § 6. Hence, giving counsel, we exhort your prudence not to withdraw from the apostolic rules, but, leading a common life and rightly understanding the sacred scriptures, to endeavor to fulfill those things which you know well.

Likewise Pope Eugenius II and Leo IX. For it is a necessary thing that cloisters be established beside the church in which clerics may devote themselves to ecclesiastical disciplines. Therefore let there be one refectory and dormitory for all, and the other workshops necessary for the uses of clerics. But after the bishop let ministers be chosen over them whose life and learning may adorn rather than dishonor them. GRATIAN. Nor shall other buildings be placed in the atrium of the church except those of clerics. Hence Pope Nicholas:

Let no buildings be placed in the atrium of a church except only those of clerics.

Likewise Jerome to Nepotian. Let a cleric who serves the church of Christ first interpret his own designation and, after the definition of the name has been stated, strive to be what he is called. For if klēros in Greek is called “lot” in Latin, clerics are therefore so called because they are of the Lord's lot, or because the Lord Himself is the lot, that is, the portion, of clerics. And because either he himself is the Lord's portion or has the Lord as his portion, he ought to show himself such that he possesses the Lord and is himself possessed by the Lord. One who possesses the Lord and says with the Prophet, “The Lord is my portion,” can possess nothing outside the Lord. But if he possesses anything else besides the Lord, the Lord will not be his portion; for example, if gold, silver, possessions, or varied furnishings, the Lord does not deign to become his portion with these portions. But if I am the Lord's portion and the cord of His inheritance, I do not receive portions among the other tribes, but live as a Levite and priest from tithes, and, serving the altar, I am sustained by the altar's offering. Having food and clothing, I will be content with these and, naked, follow the naked cross.

Likewise Ambrose, On Flight from the World, [c. 2]. One whose portion is God ought to care for nothing except God, lest he be impeded by the duty of another necessity. For what is conferred upon other offices is taken away from the worship of religion and from this office of ours. For this is the true flight of a priest: renunciation of household members and a certain estrangement from the most beloved, so that one who desires to serve God may deny himself to his own.

Likewise Jerome to a certain Levite of his, On the Two Kinds of Men. There are two kinds of Christians. One kind is that which, bound to divine office and devoted to contemplation and prayer, ought to cease from every clamor of temporal things, as are clerics and those devoted to God, namely converts. For klēros in Greek is “lot” in Latin. Hence men of this kind are called clerics, that is, chosen by lot. For God chose all of them as His own. These indeed are kings, that is, ruling themselves and others in virtues, and thus they possess a kingdom in God. And this is designated by the crown on the head. They possess this crown by the institution of the Roman Church as a sign of the kingdom which is awaited in Christ. But the shaving of the head is the laying aside of all temporal things. For they, content with food and clothing and possessing no property among themselves, ought to possess all things in common. § 1. But the other kind of Christians consists of the laity. For laos is “people.” They are permitted to possess temporal things, but only for use. For nothing is more wretched than to despise God on account of money. They are permitted to take a wife, cultivate land, judge between man and man, conduct lawsuits, place offerings upon altars, render tithes, and thus they will be able to be saved, provided they avoid vices by doing good.

Likewise Gregory to Augustine, Bishop of the English, [responses cc. 1 and 2]. Because your fraternity, instructed in monastic rules, ought not to be separated from your clerics in the church of the English, which under God as author was recently led to the faith, it ought to institute that manner of life which existed at the beginning among our Fathers, among whom none possessed as his own anything from the things which he possessed, but all things were common to them. § 1. But if there are any clerics established outside sacred orders who cannot contain themselves, they ought to take wives and receive their stipends externally, because concerning the same Fathers we also know it to be written “that they distributed according as each had need.” Thought and provision must also be given concerning their stipend, and they are to be held under ecclesiastical rule, so that they may live with good conduct, keep watch in chanting psalms, and, with God as author, preserve heart, tongue, and body from all unlawful things. § 2. But concerning those living in common, what is there for us now to say about making portions, furnishing hospitality, and fulfilling mercy, since everything which remains beyond necessities is to be expended upon pious and religious causes? The Lord and Master says to all: “Give what remains as alms, and all things are clean for you.”

Likewise Pope Urban to all Catholics, [sole letter, c. 1]. We know that you are not ignorant that until now a common life flourished among all Christians, and by God's grace still flourishes, especially among those who are chosen in the Lord's lot, that is, clerics, as is read in the Acts of the Apostles: “But the multitude of believers had one heart and one soul, nor did anyone say that anything among the things he possessed was his own, but all things were common to them.” And below: § 1. Whoever among you has undertaken a common life and vowed that he would possess nothing of his own, let him see that he does not make his promise void, but faithfully guard what he promised the Lord, lest he acquire condemnation for himself rather than reward, since it is better not to vow than not to fulfill the vow as well as one can. For those who made a vow or received the faith and did not fulfill the vow or ended their lives in evils are punished more gravely than those who died without a vow or faith and nevertheless performed good works.

Likewise Augustine in the sermon On the Common Life of Clerics. I do not wish anyone to find in us an occasion for living badly. For, as the Apostle says, we provide good things not only before God but also before all men. On account of ourselves our conscience is necessary for us; on account of you our reputation ought not to be polluted but to flourish among you. There are two things: conscience and reputation. Conscience is necessary for you, reputation for your neighbor. One who, trusting in conscience, neglects his reputation is cruel. And below: § 1. No one in our community is permitted to possess anything of his own; but perhaps some do possess something. No one is permitted, but those who possess do what is not permitted. And a little later: § 2. It is not permitted to possess a reserve fund. It is not for bishops to preserve gold and draw back the hand of one begging from them. Daily so many seek, so many groan, so many needy persons address us, that we leave more of them sorrowful because we do not possess what we could give to all. Therefore we possess no reserve fund. And below: § 3. One who possesses property of his own or wishes to possess it and live from his own property and act contrary to these precepts—it is little for me to say that he will not remain with me; rather, he will not even be a cleric. For I had said, and I know that I said it, that if they were unwilling even to undertake a communal life with me, I would not take the clericate from them; let them remain separately, let them live separately. For I preferred to possess even lame men rather than mourn dead ones. For one who is a hypocrite is dead. Therefore, just as I would not take the clericate from whoever had wished to remain outside and live from his own property, so now, because by God's favor this communal life has pleased them, whoever lives in hypocrisy, whoever is found possessing property of his own, I do not permit him to make a testament concerning it, but I will erase him from the tablet of clerics. Likewise: § 4. One who does not wish to remain with me and live in common may have liberty, but let him see whether he can possess the inheritance of felicity.

The same, [sermon III On the Common Life of Clerics]. Do not say that you possess anything of your own, but let all things be common to you. And below: § 1. But whoever has advanced into so great an evil that he secretly receives letters or any gift from someone, if he confesses this voluntarily, let him be spared and let prayer be made for him. But if he is detected and convicted, let him be amended more gravely according to the judgment of the priest or superior. And below: § 2. Since the brothers of this congregation of ours renounced not only their resources but also their own wills in the very reception of the order and subjected themselves entirely through promised obedience to the power and commands of others in Christ and for Christ, it is certain that they ought to possess, hold, give, or receive nothing without the superior's permission. § 3. But if a relative, friend, or any person wishes to offer something to any of the brothers, let it first be disclosed to the prior and then received if he himself has commanded it. Nevertheless, let nothing else be done with it except what has pleased the prior.

The same, [tractate L on chapter 12 of John]. Take the example of the Lord dwelling upon earth. Why did He have a purse, He whom angels ministered to, unless because His church was going to have a purse? Why did He admit a thief, unless so that His church might remove thieves when she suffers them?

Likewise Prosper, [On the Contemplative Life, book II, c. 9]. It is expedient that the resources of the church be possessed and that one’s own be despised for love of perfection. For they are not one’s own resources, but the common resources of the church; and therefore whoever, after all the things which he possessed have been relinquished or sold, becomes a despiser of his own property, when he has been made prelate of a church, is made dispenser of all the things which the church possesses. Finally, Saint Paulinus, as you yourselves know better, sold the immense estates which had been his and distributed the proceeds to the poor; but when he had been made bishop, he did not despise the resources of the church, but dispensed them most faithfully. By this deed he sufficiently showed both that one’s own possessions ought to be despised for the sake of perfection and that the resources of the church, which are indeed common possessions, can be possessed without impediment to perfection. What of Saint Hilary? Did he not himself either leave all his possessions to his relatives or sell them and distribute the proceeds to the poor? Nevertheless, when by the merit of his perfection he was made bishop of the church of Arles, he not only possessed the things which that church then had, but even enlarged them by the numerous inheritances of the faithful which he received. And so, if men most learned beyond ambiguity in both secular and divine letters had known that the goods of the church ought to be despised, they who had relinquished all things ought never to have received them.

Likewise Gregory to Felix, Bishop of Acropolis, [book II, letter 29]. Since the churches of Velina, Vicenza, and Blandina are situated near you, we therefore solemnly enjoin upon your fraternity the work of visiting them, admonishing this before all things: that, wherever deacons or religious persons of the aforesaid churches or of their dioceses are found, they live strictly and canonically.

Likewise Pope Melchiades. The apostles foresaw the future church among the gentiles; for that reason they acquired no estates in Judea, but only prices for sustaining the needy. But when the church grew amid the tempests and adversities of the world, it reached the point that not only the gentiles, but even the Roman princes, who held the monarchy of the whole world, hastened to the faith of Christ and the sacraments of baptism. Of these the most religious man Constantine, the first openly to attain the faith of the truth, gave permission throughout the whole world to those dwelling under his rule not only to become Christians, but also to construct churches, and decreed that estates be granted. Finally, that aforesaid prince bestowed immense gifts and founded the fabric of the temple of the first see of blessed Peter, to such a degree that he relinquished the imperial seat and granted it to blessed Peter and his successors, to benefit them. § 1. And he himself, presiding over the holy synod which was assembled at Nicaea, when he perceived that the complaint of certain persons was to be brought before him, said: “You can be judged by no one, because you are reserved for the judgment of God alone. For you have been called gods, and for that reason you cannot be judged by men.” From that time onward, religious men consecrated to the Lord not only the possessions and estates which they had possessed, but even themselves, building basilicas on their lands in honor of the holy martyrs throughout the cities, as well as innumerable monasteries, in which a company of those serving the Lord might assemble.

Likewise Pope Urban, [sole letter, c. 1]. But the chief priests and others, as well as the Levites and the rest of the faithful, seeing that they could confer more benefit if they delivered to the churches over which bishops presided the inheritances and fields which they were selling, because from their revenues more and finer things could be supplied, both in present and future times, to the faithful leading a common life than from their price, began to deliver to the mother churches the estates and fields which they had been accustomed to sell, and to live from their revenues. § 1. But those goods were, and remain even until now, under the dominion of the bishops of the individual parishes, who hold the place of the apostles, and ought always to remain so in future times. From them the bishops and their faithful dispensers ought to supply all necessities to all who wish to live a common life, as well as they can, so that no needy person may be found among them. § 2. For those goods are called the offerings of the faithful, which are offered to the Lord by the faithful. § 3. Therefore, through the aforesaid increases, with the Lord assisting, the churches over which the bishops preside have grown to such a degree, and the greater part of them abound in such extensive goods, that no one leading a common life in them is needy, but receives all necessities from the bishop and his ministers. § 4. Therefore, if anyone should arise in present or future times who endeavors to tear this away, let him be struck by the already-stated condemnation.

Likewise Augustine, [tractate LXII on John]. The Lord had a purse, preserving the things offered by the faithful, and He gave from it both for the necessities of His own and to other needy persons. Then for the first time the form of ecclesiastical money was instituted, so that we might understand that what He commanded—that no thought be taken for tomorrow—was not commanded for the purpose that no money should be preserved by the saints, but lest God be served for the sake of those things and justice be abandoned through fear of poverty. PART II. GRATIAN. From all these things it is clear that clerics are in no way permitted to possess anything of their own; but if they have possessed something, they will not be clerics, yet the clericate is not to be taken from them. Hence Augustine says in the same sermon:

Certainly it was I who had established that I would ordain no cleric unless he wished to remain with me, so that if he wished to depart from his purpose I might rightly take the clericate from him. Behold, in the sight of God and yours I change my counsel. Those who wish to possess something of their own, for whom God and His church do not suffice, may remain where they wish and where they can; I do not take the clericate from them. I do not wish to possess hypocrites. Who does not know that it is evil? It is evil to fall from one’s purpose, but it is worse to feign the purpose. And a little later: § 1. If he does not preserve holiness outwardly, he has fallen by half; if he has inwardly maintained a pretense, he has fallen wholly. I do not wish him to have a necessity of pretending. I know how men love the clericate. I take it from no one unwilling to live in common with me. GRATIAN. On the contrary, there are other authorities by which it is conceded that not only others, but even bishops, may possess property of their own. Hence it is read in the Council of Agde, [c. 8]:

Let bishops, if they wish, leave to their heirs their own or acquired goods, or whatever they possess of their own. But whatever has come from the provision of their church, whether from fields, fruits, or offerings, we have decreed that all of it be reserved under the right of the church.

Likewise from the Council of Pope Martin, [c. 15]. The things which pertain to the church ought to be manifest to the priests and deacons who are around the bishops, so that if an unexpected passing should happen to the bishop, the goods of the church can in no way be diminished and perish; nor should the bishop’s own goods suffer interference on account of the goods of the church, so that neither the church incurs loss nor the bishop is proscribed in his own goods on account of the goods of the church. The same was established in the Canons of the Apostles, [c. 40], in which it is read:

Let the bishop’s own goods be manifest, if indeed he has goods of his own, and let the Lord’s goods be manifest, so that, when dying, the bishop may have the power to leave his own goods as he wishes and to whom he wishes, and lest, under the pretext of ecclesiastical goods, those things which are proved to belong to the bishop be placed under interdict. For perhaps he has a wife, or children, or relatives, or servants. And this is just before God and men: that neither the church suffer detriment through ignorance of the pontiff’s goods, nor the bishop or his relatives be proscribed under the pretense of the church, and those who pertain to him fall into lawsuits and be defamed by the injuries of his death.

Likewise in the same canons, [c. 41]. But from those things which the bishop needs, if indeed he is in need, let him also receive for his own necessities and for the use of pilgrim brothers, so that nothing at all can be lacking to him. For the law of God commands that those who serve the altar be fed from it.

Likewise from the Council of Antioch, c. 25. Let the bishop have power over ecclesiastical goods for dispensing to all who are in need, with the greatest reverence and fear of God. But let him himself also partake of those things which he needs, if indeed he is in need, both for his own necessary uses and those of the brothers who are received by him, in such a way that they are defrauded on no occasion whatever, according to the holy Apostle saying thus: “Having food and covering, with these we are content.” But if he is by no means content with these, but turns the goods of the church to his own domestic uses, and does not manage its income or the fruits of its fields with the knowledge of the priests and deacons, but commits power over these things to his domestics, relatives, brothers, or sons, so that through persons of this kind the goods of the church are secretly harmed, let that man pay the penalties to the synod of the province. But if the bishop or the priests who are with him are accused in another manner also, because they usurp for themselves those things which pertain to the church, whether from fields or from any other ecclesiastical resource, so that the poor are thereby afflicted, while both the word of preaching and those who dispense are exposed to accusation and blasphemies, this also ought to be corrected, with the holy synod approving what is fitting.

Likewise in the Canons of the Apostles, [c. 41]. We command that the bishop have the goods of the church in his own power. For if the precious souls of men have been entrusted to him, much more ought he to exercise care concerning money, so that by his power all things may be dispensed to the needy through priests and deacons and administered with fear and all solicitude. But from those things which he needs, etc., as above. GRATIAN. Therefore, since in the Council of Agde and that of Pope Martin, and in the Canons of the Apostles, it is said, “Let the bishop’s own goods be manifest,” while in the same canons and in the Council of Antioch it is commanded that the bishop partake of the goods of the church, if indeed he is in need, is it not openly shown that the bishop may freely possess goods of his own? For by saying, “if he is in need of the goods of the church,” it indicates that he possesses goods of his own, which perhaps do not suffice for his necessities. How, therefore, will a cleric, if he wishes to possess something of his own, not be a cleric, while a bishop possessing goods of his own not only does not cease to be a bishop, but is even commanded to have all ecclesiastical resources in his power? § 1. But it must be noted that eastern bishops have wives and children, while certain bishops from our regions, when established in the laity or in minor orders, have wives and children and, either when the wife’s death intervenes or when continence is preserved by an equal vow, advance to sacred orders. It is conceded to all these to possess goods of their own for their own use and that of their people. But those who have been handed over to the sacred soldiery from infancy are in no way permitted to possess goods of their own, because there is no excuse for property in their case, unless perhaps, by retaining their own goods, they abstain from the expenditures of the church. Prosper testifies that this can be done, [On the Contemplative Life, book II, c. 12], saying:

But those who are so infirm that they cannot renounce their possessions possess their own goods without sin if they leave to the dispenser, to be conferred upon those who possess nothing, the things which they were going to receive, because they too relinquish their own things in a certain manner when, content with their own goods, they receive none of the things which they judge to be owed to their labor or order. GRATIAN. But concerning the goods of the church it is asked whether it is permissible for them to be divided through prebends, so that each person may claim the annual revenues specially for himself. That this cannot be done is proved by argument and authority. Clerics are the successors of those concerning whom it is said: “But the multitude of believers had one heart and one soul.” It is therefore necessary that they follow the life of those whose rank they administer in the church. Therefore they shall not claim anything as their own for themselves, but all things will be common to them. Likewise Pope Urban says, [sole letter, c. 2]:

The goods of the church are faithfully to be dispensed with the greatest fear, not as one’s own but as common goods and things offered to the Lord, and for no uses other than those aforesaid.

Likewise from the synod held at Rome by Pope Eugenius, [II, c. 16]. Let none of the bishops be permitted to possess for his own use movable or immovable goods from the subject congregations and other pious places, lest the greater churches be enriched beyond measure and the lesser be found poor through such a deed. Let one acting contrary to this be held under restraint by canonical authority. GRATIAN. Therefore, if the goods of the church are to be held not as one’s own but as common, since no one says concerning a common possession, “This is mine,” neither can anyone say concerning the goods of the church, “This is mine,” lest he appear not to imitate the charity of those among whom nothing belonged to anyone as his own, but all things were common to them. § 1. To these things the answer is thus: Just as, while the perfection of charity remains, the distribution of ecclesiastical resources is made according to the distinction of churches when the possessions of this church are committed to some persons to dispense, from which, although the goods of the church ought to be common to all, he may nevertheless first supply necessities to himself and to those serving his church, intending to minister the remainder which is left over to the uses of the faithful, so too the prebends of churches, while the same charity remains, can be distributed piously and religiously. Nor does he then serve the goods of the church as his own, but as goods for common uses, so that from those things which are assigned to him he may first receive necessities for himself; but if any things remain beyond his necessities, he may expend them for the common uses of the church. Hence Augustine to Boniface, [the Count, letter L]:

If we privately possess what suffices for us, those things are not ours of which we in a certain manner conduct the administration; we do not claim ownership of them for ourselves by damnable usurpation. GRATIAN. It has been shown in what manner clerics are permitted to possess property of their own, and in what manner they are not. Likewise, in what manner the goods of the church can be divided through prebends.