Question — Decretum of Gratian
Question II
GRATIAN. But clerics are prohibited by the Council of Tarragona from exacting gifts for patronage furnished, in which it is read to have been established thus, [c. 10]:
GRATIANUS. Pro inpensis uero patrociniis Terraconensi Concilio clerici munera exigere prohibentur, in quo sic statutum legitur: [c. 10.]
Friedberg, col. 749/750
C. I. A cleric ought not to exact gifts for patronage furnished.
We also decree that it is to be observed that no priest or cleric, after the manner of secular judges, dare to accept gifts for patronage furnished, except things offered freely in the church, which may appear to have been received not from favor for a gift but brought by a contribution of devotion. But if he is proved to accept things sought by him, let him know that he is to be degraded according to the statutes of the Fathers, as an exactor of interest or possessor of usury. GRATIAN. But this is to be understood concerning those who, having professed the canonical life, resolved that they would live according to the rule. For it is received by the general custom of the church and approved by usage that clerics, after the manner of advocates, furnish patronage, exact gifts for patronage to be furnished, and receive them for patronage furnished.
C. I. Pro patrociniis inpensis clericus munera exigere non debet.
Obseruandum quoque decernimus, ne quis sacerdotum uel clericorum more secularium iudicum pro inpensis patrociniis munera audeat accipere, nisi in ecclesia gratuito oblata, que non fauore muneris uideantur accepta, sed collatione deuotionis illata. Quod si quesita probatur accipere, ueluti exactor fenoris aut usurarum possessor secundum statuta Patrum se nouerit degradandum. Gratian. Hoc autem de illis intelligendum est, qui canonicam uitam professi regulariter se uicturos proposuerunt. Generali namque ecclesiae consuetudine receptum est et moribus approbatum, ut clerici more aduocatorum patrocinia inpendant, et pro inpendendis munera exigant, et pro inpensis suscipiant.
Friedberg, col. 749/750