Folia Canonica 4. (2001)
STUDIES - George Nedungatt: Who is to Administer Church Property? - The Answer of the Ecumenical Councils
128 GEORGE NEDUNGATT these revenues. Moreover, they have the right to apportion or bestow their own property on whomsoever they wish and choose, in accordance with their own powers and rights of ownership. Now that this decree has been made, whoever appears to have acted in a way contrary to this holy and universal synod, must be deposed on the grounds of violating divine law and precepts. Any sale which was made by the bishop, either in writing or otherwise, must be made entirely void, as well as any emphyteutic lease or any other act disposing of precious objects or endowments. Whoever buys or acquires any of the aforementioned precious objects or endowments and does not restore to the Church what belongs to it and does not hand over for burning the bills of sale or leases, is anathema until he does what has been determined by this holy and universal synod. If a bishop is found guilty of having built a monastery with the revenues of a Church, he must hand over the monastery to the same Church. But if he built it from his own money or other sources, he may have it for his whole life under his own jurisdiction and direction; he may also bequeath it after his death to whomsoever he wishes, but it may not be used as a secular dwelling. The same Fourth Council of Constantinople also warned in canon 18 that the goods and privileges of the Church should not be violated or suppressed. This is again a hint that the law was called forth by abuse or contrary practice. This holy and great synod has decided that the goods or privileges which belong to the Churches of God as a result of long enduring custom and have been granted, whether in writing or not, by emperors of revered memory or by other religious people and possessed by the Churches for thirty years, must in no way be removed by force on the part of any secular person, or taken away by him on any pretext whatsoever, from the jurisdiction of the prelate who has them. Whatever is known to have been possessed by the Churches for thirty years must remain subject to the control and use of the prelate of the Church. Any secular person [layman] who acts in a way contrary to this present decree shall be adjudged as one who commits sacrilege and, until he reforms himself and restores or gives back the privileges and goods belonging to the Church, let him be anathema,27 28 And canon 19 of Constantinople IV points to a curious episcopal abuse wide enough to merit the council’s attention. Archbishops or metropolitans should not go to other Churches on the pretext of an official visit and by their greed be a burden to their fellow bishops and suffragans involving them in heavy expenses. Paul, the great apostle, condemns greed as another form of idolatry (1 Cor5:l0) and wants all who unite under the name of Christian to abstain from every form of shameful love of gain. It is all the more wrong, therefore, for those who have 27 Tanner, (ed.), Decrees (nt. 3), 177-178,; JOANNOU, Discipline (nt. 21), 318-319. 28TANNER, (ed.), Decrees (nt. 3), 180; JOANNOU, Discipline (nt. 21), 327.
