Question II

GRATIAN. PART I. The authority of the Council of Toledo [IV, c. 50] settles the second question, saying:

Let bishops claim for themselves only that in monasteries which the canons command, that is, to admonish monks toward holy conduct, to institute abbots and other offices, and to correct deeds outside the rule. But if they shall presume anything against monks that is forbidden by the canons, or attempt to usurp anything from the property of a monastery, the sentence of excommunication will not be absent from them. PART II. GRATIAN. To the contrary Gregory writes to Castorius, Bishop of Rimini:

Let an abbot in a monastery not be ordained by the bishop or by any outsider, nor let Mass be celebrated there by the bishop, so that it may be subject to no church.

The same to Bishop Castorius, [book IV, letter 43]. We will that no other be ordained abbot over any monastery except the one whom, by common consent, the congregation shall have requested as worthy in morals and in the practices of monastic discipline. But we entirely forbid public Masses to be celebrated in monasteries by bishops or clerics.

Likewise Pope Pelagius to Mellitus the Subdeacon. We will that he be ordained abbot in the monastery whom the election of the monks from their own congregation, the owner of the possession, and—what is to be observed more—the order and merit of his life shall have requested to be ordained over them.

Likewise Gregory to all Bishops. How necessary it is to provide for the quiet of monasteries, etc. And below: § 1. Therefore, in the name of our Lord, by the authority of blessed Peter, prince of the Apostles—whose place we occupy in presiding over this Roman Church—we forbid any bishop or secular person hereafter to presume in any manner or on any occasion to diminish the revenues or charters of monasteries, or the cells or estates pertaining to them, or to commit any fraud or intrusion. And below: § 2. But when the abbot of any congregation has died, let no outsider be elected, but one from the same congregation whom the concordant society of the brothers shall have elected for itself by its own will. But if they shall not have been able to find a suitable person among themselves, let them carefully choose for themselves one to be ordained from other monasteries. And below: § 3. This also is equally to be observed: that monks ought not, against the abbot’s will, to be taken from there to govern other monasteries, to sacred orders, or to the office of the clergy. And below: § 4. Let no one retain a monk in any church or promote him to any honor without the testimony and concession of the abbot. § 5. Therefore we establish that this page of our writings is to be preserved firm and inviolate by all bishops for all future time, so that, with the Lord’s help, they may be content only with the right of their own church, and monasteries may in no way be subjected to ecclesiastical conditions, forced services, or any secular services; may serve under no canonical dues; but, free from vexations and every burden, may perform the divine work with the greatest devotion of mind.

The same to Castorius, Bishop of Rimini. From the report of Abbot Luminosus we have learned that in very many monasteries monks have suffered many prejudices and burdens from prelates. Therefore the provision of your fraternity ought to arrange for their future quiet by a salutary ordinance, so that those dwelling in them in God’s service may persevere with a free mind, with grace assisting them. We also entirely forbid public Masses to be held in a monastery, lest any occasion for an assembly of the people be furnished within the retreats and dwellings of God’s servants, because this is not expedient for their souls. Nor may a bishop dare to place a chair there, to exercise any power of commanding, or to make any ordinance, however slight, unless he shall have been asked by the abbot, so that the monks may always remain under the power of their abbots and, free from vexations and every burden, may perform the divine work with the greatest devotion of mind.

Likewise Pope Gelasius. We commanded some time ago that the baptistery ought to be removed from the monastery of Saint Andrew, which is above Mascalae, because of the disturbance of the monks, and that an altar be founded in that same place where the fonts are; the completion of this matter has been delayed until now. Therefore we admonish your fraternity to introduce no further delay after receiving our letters, but, when the place of those fonts has been filled in, let an altar be founded there without any delay, so that it may be lawful for the aforesaid monks to celebrate the work of God securely and our mind may not be stirred against your fraternity because of your negligence.

Likewise from the Council of Mainz. An abbot may leave his place for the sake of humility and with the bishop’s permission; nevertheless, let the brothers elect an abbot for themselves from among their own if they have one, but if not, from outsiders. PART III. GRATIAN. Behold, in the Council of Toledo it is said that bishops ought to institute abbots and other offices. Blessed Gregory and Pelagius forbid this, saying that an abbot is to be elected and ordained by the brothers of his congregation. How, therefore, will so great a diversity be recalled to concord? But it is to be known that certain monks are of untamed neck and unbridled pride; when their abbots wish to compel them to religion, they conspire to depose them and strive to place over themselves another agreeable to their own morals. Such were those who are read to have conspired to kill blessed Benedict. For persons of this kind it was established that abbots and other offices are to be instituted by bishops. Hence Pope Pelagius writes to Opilio the Defender, saying:

Henceforth we leave to monks no power and no license to expel abbots at their own judgment or to ordain others over themselves—because no authority will remain to the abbot if he begins to be subject to the power of the monks—so that henceforth the solicitude of the abbot, to whom it is fitting that all power pertain, ought faithfully and diligently to fulfill all things which pertain either to reverence for divine worship or to the interests of that monastery. PART IV. GRATIAN. Hence it was also established that the clerics of individual monasteries are to be under the power of bishops and that no one is permitted to build monasteries without their knowledge. Hence it is read in the Council of Chalcedon, [c. 4]:

Certain persons wearing the habit of monks indiscriminately commend both monasteries and themselves throughout the cities by their own presumption. Therefore it pleased us that no one is to build or construct monasteries or a house of prayer without the knowledge of the bishop of that city. Likewise, [c. 8]: § 1. Let clerics appointed in poorhouses, monasteries, or shrines of martyrs be under the power of the bishop who is in that city, according to the tradition of the holy Fathers, and let them not presumptuously withdraw from their bishop. § 2. But those who shall have dared to annul an institution of this kind in any manner, or who shall be unwilling to be subject to their own bishop, if indeed they are clerics, let them be subject to the condemnations of the canons according to the ordering of their persons; but if they are laymen or monks, let them be deprived of communion. Likewise: § 3. Let clerics who preside over the administration of the poor, monasteries, or shrines of martyrs remain under the power of the bishops of the individual cities according to the tradition of the canons, and let them not through their own rashness decline the governance of their bishop. But those who shall have dared to subvert an arrangement of this kind in any manner and shall not have obeyed their bishop, if indeed they are clerics, let them be subject to canonical condemnation; but if they are monks or laymen, let them be suspended from communion.

Likewise from the Fourth Council of Carthage, [c. 97]. One who is to be placed over religious women is to be approved by the bishop. GRATIAN. Likewise no one is permitted to begin or found a monastery without the bishop’s permission. Hence it is read in the Council of Agde, [c. 27]:

Concerning monks, let no one presume to begin or found a new monastery unless the bishop either permits or approves it.

Likewise from the same, [c. 58]. We forbid new cells or small congregations of monks to be instituted without the bishop’s knowledge.

Likewise from the Council of Orléans, [I, c. 24]. Let no monk, after abandoning the congregation of the monastery, presume under the impulse of ambition and vanity to construct a cell without the bishop’s permission or the will of his abbot. PART V. GRATIAN. Likewise there are others who, for the pursuit of various cases, admit persons of any kind who loosen their strictness and disturb the quiet of religion. Concerning them it is read in the Council of Tribur:

If any abbot shall not have been circumspect in governance, humble, chaste, merciful, discreet, and sober, and shall not have shown the divine precepts by words and examples, let him be barred from his honor by the bishop in whose territory he resides, by the neighboring abbots, and by others fearing God, even if the whole congregation, consenting to his vices, wishes to have him as abbot.

Likewise from the Council of Orléans, [I, c. 21]. PART IV. Let abbots remain under the power of bishops because of the humility of religion, and if they shall do anything outside the rule, let them be corrected by the bishops; having received a summons, let them meet once a year at the place which the bishop shall have chosen. § 1. But let monks be subject to their abbots with every obedience and devotion. But if anyone shall have proved disobedient through contumacy and presumed to wander through any places or to have anything of his own, let everything he shall have acquired be taken away by the abbots, to profit the monastery according to the rule. But those who had wandered are, wherever they shall have been found, to be recalled under custody as fugitives with the bishop’s assistance. § 1. And let that abbot know that he will be held guilty who shall not have disciplined persons of this kind according to the rule, or who shall have received another’s monk.

Likewise from the Council of Arles. Let monasteries and the discipline of monks pertain to the bishop in whose territory they are situated.

Likewise Pope Paschal II. Let absolutely no bishop furnish any episcopal ministries to abbots who are under neither a bishop, metropolitan, primate, nor patriarch. For since they profess that they are subject to no bishop at all, it follows that no bishop is to bestow upon them, as upon outsiders, the things that are his. GRATIAN. For persons of this kind it was therefore established that the affairs and interests of monasteries are to be ordered by bishops. Hence Gregory writes to Vitalis, Defender of Sardinia, [book VII, letter 65]:

We have learned that each person at his own pleasure and for the pursuit of various cases disturbs monasteries of servants of God or of women. We receive this with no pleasure at all, and concerning it admonish your Experience that, having received our authority, you are by no means to permit this to be usurped again, but let it be the care of the bishop of that place, under whose governance they live, to order their affairs and interests. For it is exceedingly unseemly that, with him omitted, anyone else should involve himself in their affairs; rather, he ought to order their lives by fitting governance according to the rule who is compelled to render an account for their souls committed to him. PART VII. GRATIAN. For this reason blessed Gregory also forbids women indiscriminately to approach a monastery and to become co-mothers of monks, writing to Abbot Valentinus, [book III, letter 40]:

It has reached us that women indiscriminately ascend into your monastery and—what is graver—that your monks make them their co-mothers and from this have incautious association with them. Therefore, lest on this occasion the enemy of the human race deceive them by his cunning—which may it not be—we admonish you by the tenor of this command that henceforth you neither permit women to ascend into your monastery on any occasion nor permit your monks to make them their co-mothers. For if this shall again reach our ears in any manner, know that you will be subjected to such exceedingly severe punishment that others will without doubt be corrected by the nature of your amendment. PART VIII. GRATIAN. Not only is incautious familiarity with other women forbidden them, but they are even prohibited from dwelling with holy nuns. Hence it is read in the Seventh Synod, [c. 20]:

We decree that a double monastery is by no means to be made, because this becomes a scandal and stumbling block to many. But if any persons with their relatives wish to renounce the world and pursue the monastic life, the men ought to approach a monastery of men and the women to enter a monastery of women. For in this God is pleased. § 1. But those which until now have been double are to be ordered thus according to the rule and command of the holy Father Basil. Let monks and nuns not dwell in one monastery. For adultery intrudes upon cohabitation if a monk has access to a nun, or a nun to a monk, in secret for conversation. § 2. Let no monk sleep in a women’s monastery or eat alone with a nun; and when the necessities of life are carried from the men’s part to those under the rule, let the abbess of the women’s monastery receive them outside the gate with a certain elderly nun. § 3. Moreover, if it shall happen that a monk wishes to see some female relative of his, let him converse with her in the abbess’s presence in few and concise words and depart from her shortly.

Likewise in Gregory’s Register. We permit monks and nuns nowhere to dwell in one monastery, not even in those which are called double. And if there is any such monastery, let the religious bishop take care that the women remain in their own place, but compel the monks to build another monastery. But if there are many such monasteries, let the nuns be separated into some monasteries and the monks into others; and let the property which they hold in common be distributed to them according to the rights properly belonging to them.

Likewise from the Council of Agde, [c. 28]. Let monasteries of girls be situated farther away from a monastery of monks, either because of the snares of the devil or because of the disparagement of men.

Likewise from the Second Council of Seville, [c. 11]. At the tenth proceeding we decreed by common consent that monasteries of virgins in the province of Baetica are to be governed by the administration and protection of monks. For we prove measures salutary for virgins dedicated to Christ when we choose spiritual fathers for them, by whose governance they can not only be protected but also be edified by their teaching—yet with this caution observed concerning the monks: that, removed from familiarity with them, they are not to have familiar permission to approach even as far as the vestibule. Nor will it be lawful for the abbot or the man placed over them to speak outside the presence of the woman who presides to Christ’s virgins about anything that pertains to their instruction; nor ought they frequently to speak with the woman who presides alone, but under the witness of two or three sisters, in such a way that access is rare and conversation altogether brief. PART IX. GRATIAN. Nuns are also forbidden to have private dwellings. Hence Innocent II, [in the council held at Rome, cc. 26 and 27]:

We decree that the pernicious and detestable custom of certain women is to be abolished—women who, although they live neither according to the Rule of blessed Benedict nor that of Basil or Augustine, nevertheless desire commonly to be regarded as nuns. For although those living in monasteries according to the rule ought to be together in common in the church, refectory, and dormitory, they build private retreats and private dwellings for themselves, in which under the veil of hospitality they are in no way ashamed indiscriminately to receive guests who are less religious, contrary to sacred and good morals. Therefore, because everyone who does evil hates the light, and through this they, hidden within the tabernacle of the righteous, suppose that they can escape the eyes of the Judge who beholds all things, we forbid by every means and prohibit under penalty of anathema that this so dishonorable and detestable crime be done further. § 1. In a similar manner we forbid nuns to assemble together with canons and monks in one choir in the church for psalmody. PART X. GRATIAN. Likewise there are others whom bishops burden, while neglecting the salvation of their souls and desiring on any occasions to alienate the goods of monasteries. Such were certain clerics of the church of Ravenna who, with a pretense of religion, desired to be placed over monasteries without passing to the monastic habit or renouncing ecclesiastical service. Concerning them Gregory writes to John, Bishop of Ravenna, [book IV, letter 1]:

It has reached me that in the churches of your fraternity certain places long ago consecrated as monasteries have now become dwellings of clerics or even laymen; and while those who are in the churches pretend that they live religiously, they seek to be placed over monasteries, and by their life the monasteries are destroyed. For no one can in ecclesiastical offices, etc. And below: § 1. Therefore let your fraternity hasten to correct this wherever it has been done, because I shall by no means suffer sacred places to be destroyed for the ambition of clerics.

The same to Marianus, Bishop of Ravenna, [book VI, letter 40]. Some time ago it had reached us through the report of many that monasteries situated in the regions of Ravenna were altogether burdened by the dominion of your clerics, such that on the occasion of governance they possess them—which is grievous to say—as though in ownership. Feeling no small grief for them, we sent letters to your predecessor that he ought to correct this. But because he was rather swiftly overtaken by the end of life, we recall that we wrote these same things to your fraternity so that this burden might not remain upon the monasteries. And because, as we have learned, correction of this matter has been neglected until now, upon hearing this we have again provided that writings be directed to you. Therefore we exhort you, with every delay and every excuse removed, to strive so to relieve those monasteries of a burden of this kind that henceforth no clerics, or those constituted in sacred order, may have license to approach them for any other reason—except only for the sake of exhortation—or unless perhaps they shall have been invited to perform the sacred mysteries of Masses. But lest because of the promotion of any monk or abbot, etc. And below: § 1. Let him have no further power there, lest monasteries under the veil of this occasion be compelled to sustain the burdens which we forbid. Therefore let your Holiness, now admonished a second time, not delay to correct all these things with vigilant care, lest, if after this we perceive that you are negligent—which we do not believe—we be compelled to provide for the quiet of the monasteries in another way. For let it be known to you that we shall not permit a congregation of God’s servants to be subject to so great a necessity.

The same, [to the same, book VII, indiction 1, letter 18]. PART XI. Let the bishop of the city approach the monastery for the sake of visitation and exhortation whenever it pleases him; but let the bishop fulfill the office of charity there in such a way that the monastery incurs no burden.

Likewise from the Council of Orléans. Let bishops visit monasteries of monks not once but more frequently in the year, and if anything shall need correction, let it be corrected. PART XII. GRATIAN. For persons of the kind who, having no care for souls, nevertheless desired to convert the goods of monasteries to their own uses, it was established that monasteries together with their property are to be entirely free from the power and dominion of bishops. But the statement that monasteries are subject to no canonical dues is not to be understood in such a way that nothing ought to be offered to the bishop in the name of a eulogia, either on the day of dedication or on the feast of the saints in whose name that monastery was dedicated. Hence Pope Pelagius says:

Our brother and fellow bishop Eleutherius complains that his mother constructed and dedicated an oratory on an estate called Castellum and established monks in that place, one of whom is a priest. He asserts that at the time of dedication it was agreed between Bishop Cardelus—to whose diocese it belongs—and his mother that whatever should enter through the offerings of the faithful on the day of the dedication or of the feast of the martyrs whose relics are in that monastery, the monastery itself should have half and the other half should be offered to the bishop. Contrary to that agreement, the priest Marius—whether the bishop knows it or does not know it—is said to have inflicted violence upon those monks or upon the priest who is one of them and frequently to cause disturbances, such that he nearly struck down the aforesaid priest and in no way permits him to celebrate Masses, saying that he ought to establish some payment as though in the name of a pension. Therefore we command you diligently to examine all these things; and if it shall be established before you by evident reasoning that at the time when that monastery was dedicated the conditions set forth above were agreed upon, we command by our authority that they be observed and that nothing further be exacted from there by anyone. But if no such thing shall be established, with you mediating, we will that it be defined between the monks themselves and the priest what ought to be offered to the bishop in the name of a eulogia—yet with this preserved: that the priest Gaudentius, who is also a monk, ought no longer to be prohibited by anyone from celebrating Masses in his monastery as he was accustomed.

Likewise Urban II. We too concede the service which monasteries or their churches have rendered from the time of Gregory VII until the present time. GRATIAN. Therefore the canonical dues to which monasteries are not subject are understood to be synodal exactions. For an abbot is not to be compelled—as is established in the Council of Tours—to go to a synod unless some reasonable cause exists. There are also certain duties of servitude, such as forced labor, frequent receptions, annual exactions, and fines upon sinners, from all of which monasteries are free.