Series 1 > Statutes of the Scottish Church, 1225-1559

FROM PAPAL DECRETALS
203
exceeding the fiftieth part. Accordingly we reply to your
query thus: Although in canon law it is specified that if any
bishop desires perhaps to found a monastery in his diocese,
and to endow it from the funds of the church over which he
presides, he may not in that connection alienate more than
the fiftieth part of the income of the church he governs,
but not more than a hundredth part for the purpose of
reorganising a church according to monastic rules, or of
conferring distinction on the church selected as his place of
sepulture; yet inasmuch as it is added further on in the same
canon, in order that this justness of proportion should be main¬
tained, that, while he must not inflict severe loss on that from
which he takes, he shall confer a sufficient subsidy on that to
which he gives, this precaution being further observed that he
may undertake one only—whichever he pleases—of these two
modes of endowment; this must always be kept in view that
neither one bishop nor another must give more nor yet as
much nor even less [than the specified proportions] if it is to
be to the serious injury of his own church, whether he be
disposed to make his grant once and for all or at several
times in succession either to the same or to various churches.
Hence when it is proved that grave injury has been inflicted
either to the property or to the income appertaining to the
episcopal table or cathedral, in whatever proportion it be
proved that the grant has been made, it may lawfully be
revoked ; unless by prescription or some other obstacle lawful
action in this direction be excluded. For although at first
sight it may be presumed that the alienation of a fiftieth or
a hundredth part cannot inflict serious loss, yet since it may
in the interim be discovered from various circumstances to be
seriously injurious, not only if it be repeatedly done, but even
if done once only—a thing that can be ascertained rather by
proof of the fact than from the wording of any statute;
neither a fiftieth nor a hundredth portion is to be alienated,
once or repeatedly, to the grave injury of a church. But if a
bishop is so exceptionally well off that without injury to his
own church he can contribute to the necessity of another
church in a proportion larger than a fiftieth or a hundredth ;
although of his own authority he must not go beyond the