Question — Decretum of Gratian
Question I
GRATIAN. The first question is settled in the Council held at Altheim, in which it is read to have been established thus:
GRATIANUS. Prima questio terminatur in Concilio habito apud Alteum, in quo sic statutum legitur:
Friedberg, col. 827/828
C. I. One who is ordained bishop from being a monk is to leave to the monastery what he had before consecration, but to his own church what he acquired after consecration.
It was established, and reasonably confirmed by the synod according to the holy Fathers, that a monk whom canonical election releases from the yoke of the rule of monastic profession and sacred ordination makes a bishop from a monk may afterward, as a lawful heir, have power by right to claim a paternal inheritance for himself; but whatever he had acquired or appeared to possess, let him leave to the monastery and to the judgment of his abbot, who had been his abbot according to the Rule of Saint Benedict. For after he is ordained bishop, according to the sacred canons let him restore to the altar at which he is sanctified and given a title whatever he shall be able to acquire.
C. I. Qui de monacho episcopus ordinatur quod ante consecrationem habuerit monasterio, quod uero post consecrationem acquisiuit propriae ecclesiae derelinquat.
Statutum est et rationabiliter secundum sanctos Patres a sinodo confirmatum est, ut monachus, quem canonica electio a iugo regulae monasticae professionis absoluit, et sacra ordinatio de monacho episcopum facit, uelut legitimus heres paternam sibi hereditatem postea iure uendicandi potestatem habeat; sed quicquid acquisierat, uel habere uisus fuerat, monasterio relinquat, et abbatis sui, qui fuerat secundum regulam S. Benedicti, arbitrio. Postquam enim episcopus ordinatur, ad altare, ad quod sanctificatur et titulatur, secundum sacros canones quod acquirere poterit restituat.
Friedberg, col. 827/828