Canon XII.
That a Bishop or Hegumenos ought not to alienate any
part of the suburban estate of the church.
If
bishop or hegumenos is found
alienating any part of the farm lands of the bishoprick or monastery
into the hands of secular princes, or surrendering them to any other
person, such act is null according to the canon of the holy Apostles,
which says: “Let the bishop take care of all the
Church’s goods, and let him administer the same according as in
the sight of God.” It is not lawful for him to appropriate
any part himself, or to confer upon his relations the things which
belong to God. If they are poor let them be helped among the
poor; but let them not be used as a pretext for smuggling away the
Church’s property. And if it be urged that the land is only
a loss and yields no profit, the place is not on that account to be
given to the secular rulers, who are in the neighbourhood; but let it
be given to clergymen or husbandmen. And if they have resorted to
dishonest craft, so that the ruler has bought the land from the
husbandman or cleric, such transaction shall likewise be null, and the
land shall be restored to the bishoprick or monastery. And the
bishop or hegumenos doing this shall be turned out, the bishop from his
bishoprick and the hegumenos from his monastery, as those who wasted
what they did not gather.
Notes.
Ancient Epitome of Canon
XII.
According to what seemed good to the Holy Apostles, any
act of alienation of the goods of a diocese or of a monastery made by
the bishop, or by the superior of the monastery, shall be null.
And the Bishop or Superior who shall have done this shall be
expelled.
Van Espen.
As at the time of this Synod by the favour of kings and
princes the way was frequently open to ecclesiastical dignities,
clergymen might easily be induced through ambition to make over to
princes some part of the Church’s possessions, if only by so
doing they might arrive at the coveted preferment through their
patronage, and then desiring to make good this simoniacal promise, they
studied to transfer the church’s goods to their patrons; with
regard to these the present decree of the synod was made.
But because human ambition is cunning,
and solicitously seeks a way of attaining its
ends, ambitious clerics tried by various colouring to give a tone to
and to palliate these translations of church-goods to princes and
magistrates, so that they might attain to that they aimed at by the
favour of said princes and magistrates.
Two such pretexts the synod exposes and rejects in the
present canon.
This canon is found in the
Corpus Juris Canonici
,
Pars II., Causa XII., Quæst. II., canon xix.