Council IX. of Toledo.
TWO Years after, the same King Receswinthe called a Provincial Council, the Bishops whereof willing to renew the ancient Discipline, and to publish the Canons of the Coun∣cils, * 1.1 thought they ought to begin by making Laws to reform themselves: for, say they, in the Preface, It would not become Superiors to go about to judge their Inferiors, before they have judged themselves by the Laws of Justice itself. Judgments are more just by far, when the Life of the Judges is well ordered; and when their Vertue is known, their Judgment is better submitted to.
Therefore, they 1st. forbid the Bishops, and others of the Clergy, to appropriate to them∣selves the Lands given to Churches; and give leave to the Relations and Heirs of the Lega∣tees, to apply themselves to the Bishop or Metropolitan, to hinder the Lands given by their Relations from being converted to private uses.
Secondly, to prevent the ruine of Parish-Churches and Monasteries, they give leave to those that built them, to take care of them, and to recommend to the Bishops some Persons to govern them, whom he shall be bound to ordain, if he finds them capable of that Office. This was one beginning of Lay-Patrons.
Thirdly, It is ordered, That if the Bishop, or any other of the Clergy (to pay the Churches Debts) alienates some part of his Church-Lands under the Titles of Patrimony, he shall be bound to set down in the Deed the cause of his doing so, to the end, that it may appear, whether it be done justly or fraudulently.
Fourthly, they decree, That if Bishops have but a small Patrimony, the Purchases they make ought to be for the Profit of the Church; but if the Revenue of their own Patrimony be found to be as great as that of their Bishoprick, their Heirs shall divide their Estate in half, or according to the proportion of their own and the Church Patrimony. Lastly, that they may, during their Life, dispose of what falls to them by Donation; but if they do not dis∣pose of it, after their Decease, those Donations shall belong to the Church.
In the Fifth they declare, That the Bishop that will build a Monastery in his Diocess, shall endow it only with the fiftieth part of the Revenue of his Bishoprick, and with the hundredth if it be but a Church only.
In the Sixth, That he may forgive Parochial Churches the third part of the Revenues which they owe him, and that such Release shall be perpetual and irrevocable.
For the more punctual execution of these Canons, by the Seventh Constitution, they forbid the Heirs of the Bishop to enter upon their Inheritance, without the Consent of the Metro∣politan, or, if he be a Metropolitan, before he hath a Successor, or there be a Council assem∣bled. And likewise they forbid the Heirs of Presbyters and Deacons to take possession of their Inheritance, without the Cognizance of the Bishop.
In the Eighth Canon they declare, That the Prescription of thirty Years shall not be reck∣oned against the Church, as to the Lands alienated by any Bishop, but from the Day of that Bishop's Death, and not from the Day of the Date of the Deed.
In the Ninth they forbid a Bishop, who cometh to bury his Brother, to take above the value of a Pound of Gold, if the Church be rich, or of half a Pound if she be poor; and orders him to send the Inventory which he shall make, to the Metropolitan.
In the Tenth they declare the Sons of Clergymen, who were obliged to Celibacy, uncap∣able of Inheriting.
The six following Canons are concerning Ecclesiastical Persons or such as are made free by the Churches, and are not now in use.