Question I

GRATIAN. The Seventh Synod forbids anyone to be numbered in two churches, saying, [c. 15]:

From the present time let no cleric be numbered in two churches. For this is a convenience of commerce and shameful gain and altogether alien to ecclesiastical custom. For we have heard from the Lord’s own voice that no one can serve two masters. For either he will hate the one and love the other, or he will sustain the one and despise the other. For each person, according to the apostolic voice, ought to remain in that in which he was called and to be placed in one church. For things done for shameful gain in ecclesiastical affairs remain alien to God; but for the necessity of this life there are diverse pursuits. Therefore, from these let him who wishes acquire the things opportune for the body. For the Apostle says: “For those things which were necessary to me and to those who are with me, these hands ministered.” And these things indeed are to be observed in this city. But in villages which are outside, an indulgence is to be granted because of a scarcity of men. GRATIAN. But two churches are understood to mean churches of two cities, in which no one ought to be enrolled.

Hence it was established in the Council of Chalcedon, [c. 10]:

“Clerics ought not to be enrolled in the churches of two cities.” [GRATIAN.] But to the contrary, sometimes the bishop of one city becomes the archbishop of another city and nevertheless does not abandon the former church; rather, the first church is left as though commended to him, while the second is held as though assigned to him by title. Hence Leo IV writes:

One who retains several churches ought to hold one by title but the other under commendation. Thus also is that statement of the Council of Agde, [c. 57], to be understood:

We forbid one abbot to preside over two monasteries. GRATIAN. He can also preside over both as though holding them by title, but by special right, not common right. Hence Gregory, [book II, letter 13, to Bishop Agnellus]:

The report of the clergy and the people dwelling at Terracina greatly gladdens us because it offers good testimony concerning your fraternity. And because, after their pontiff Peter died, they request that you be appointed their cardinal bishop, we have foreseen that their desires necessarily are to be fulfilled. § 1. Therefore hasten with the whole intention of your mind so to make a gain of souls for our Lord that a worthy reward may find you before His sight on the day of recompense. But whatever you shall have foreseen is to be ordered and done carefully and canonically concerning the property of the aforesaid church or its patrimony, the ordination or promotion of the clergy, and generally everything pertaining to it, you will have entirely free power, indeed as its own bishop.

It is also necessary for your fraternity to know that we have appointed you cardinal bishop of the aforesaid church of Terracina in such a way that you do not cease to be pontiff of the church of Fondi or neglect its care and governance, because we enjoin upon your fraternity the care of the often-mentioned church of Terracina in such a way that we by no means withdraw from you the rights or power of the church of Fondi. GRATIAN. For he cannot preside over both as though holding them by title, but he can preside over one as though commended to him and over the other as though held by title.