13 - Of The Exchange of Ecclesiastical Benefices

Summary

How an exchange shall proceed.

Ecclesiastical benefices, whatever they are called, may not be exchanged without the authorization of the patrons and bishops. But when the right ordering of places and churches strongly suggests that those who appear to be less useful in one place will turn out to function more usefully elsewhere, the bishop may appoint one minister in another's place, if the will of the ministers is agreeable and each place is in the district of the bishop, which is called the diocese.

How benefices of different dioceses may be exchanged.

But when it happens that negotiations have begun for an exchange of ecclesiastical benefices which are located in different dioceses, the matter shall not be concluded until the ordinary of each district or diocese has given his authorization. In which matter, in order to keep the expenses of the exchange down and also to minimize the amount of bother involved in the whole business, the ordinary in whose district the lesser benefice is situated shall transfer his ecclesiastical right to the other one, who shall unite his own power with that of the former, which has been delegated and practically entrusted to him, and shall bring the whole matter of exchange to a conclusion by his own decision.

Which benefices may be exchanged at any time.

Ecclesiastical benefices which are so established that churches or colleges have property rights over them may be transferred by exchange from one corporation to another at any time, subject to the agreement of the ordinaries.

Permutatio, si bona fide non fiat, nulla est.

Quoniam iniquum est homines in eo circumveniri quod illis pro beneficio ius indulget, praesertim cum sanctum est causae genus, et ad ecclesiam pertinet, instituimus ut quoties beneficiis ecclesiasticis cessum est, si veros ad domi[35b]nos et permutationum auctores non perveniant, sed ad alios astute detorquentur, omnis huiusmodi fraus quae non directis fidei, sed fraudis obliquis viis incedit, prorsus tollatur, et ad nihilum recidat, talesque permutationes omnibus modis pro nullis habeantur.